Herman Marion Locken, Jr. v. United States

For his alleged participation in a bank robbery, appellant was indicted under 18 U.S.C. § 2113 (a) and 18 U.S.C. § 2113 (b). A jury trial resulted in his conviction on both charges, and he appeals. We reverse.

Numerous errors are specified. They were committed by counsel, not the court. Considered separately, no one of them would require reversal. Considered as a whole, they do. The district judge struggled mightily to conduct the trial proceedings in a manner comporting with traditional ideals of federal justice. He was thoroughly frustrated. The trial became disordered, confused, and undignified.

The admitted robber, one Kidd, testified that appellant did not participate in the planning or commission of the robbery and that he did not drive the automobile by which Kidd made temporary escape. The prosecution undertook to prove the contrary, principally by oral declarations which government witnesses testified that the appellant and Kidd had made. As these witnesses were examined, the prosecuting attorney repeatedly suggested his desired answers. Time after time, objections to the leading questions were sustained, yet the prosecutor persevered. Ultimately, the court was required…