United States v. William David Garaway

Appellant was convicted of refusing induction into the Armed Forces, 50 U.S.C. App. § 462. The evidence against him was undisputed, and at the conclusion of the trial, the judge instructed the jury as follows:

[1, 2J The quoted instruction was an unwarranted invasion by the court of the province of the jury, and contrary to the well-settled rule that a trial judge may not direct a verdict of guilty in a criminal case. United Brotherhood of Carpenters & Joiners of America v. United States, 330 U.S. 395 , 67 S.Ct. 775 , 91 L.Ed. 973 (1947); Edwards v. United States, 286 F.2d 681, 683 (5th Cir. 1960); Cain v. United States, 19 F.2d 472, 475 (8th Cir. 1927); Blair v. United States, 241 F. 217, 230 (9th Cir. 1917). Nor was it permissible thus to express an opinion as to the defendant’s guilt. Buchanan v. United States, 244 F.2d 916 (6th Cir. 1957); Billeci v. United States, 87 U.S.App.D.C. 274 , 184 F.2d 394 (1950); ABA Project on Minimum Standards of Criminal Justice, Trial by Jury, § 4.7(b) (ii).

Reversed.