Alcie Fletcher v. United States

Appellant was tried and convicted of an oifense in violation of Title 26 U.S.C. § 4705 (a).

On appeal to this court appellant specifies as error the trial court’s denial of his motion for a new trial and the denial of his motion for a mistrial.

Appellant’s principal defense witness, Edward James Landry, was interrogated by the trial judge who also made a comment in regard to the testimony of this witness. On cross-examination of the same witness the Assistant United States Attorney propounded an argumentative question to which an objection was made by defense counsel and sustained by the court. The witness had previously testified in regard to his criminal record referred to in this question.

The question presented here is whether, because of the trial court’s participation in the examination of the witness, Edward Landry, and the cross-examination of this witness by the prosecuting attorney, the appellant was deprived of a fair trial. Appellant contends that the court’s examination of his key witness and his comment showed a hostile attitude toward appellant and was so prejudicial to his defense that he did not have a fair trial. An examination of the court’s interrogation of…