United States v. Fred Raymond Hudson

Hudson was convicted, in a jury trial, of offenses proscribed by 18 U.S.C. § 545 . Urging reversal, he contends that the prosecuting attorney engaged in prejudicial misconduct and that the District Court erred in failing to grant a motion for mistrial made by Hudson on the basis of such alleged misconduct.

An automobile had entered the United States from Mexico. One Crawford was driving the vehicle, and Hudson was riding therein as a passenger. During a border search, at the Port of Entry, Government officials discovered a quantity of drugs in the trunk of the automobile. Hudson denied that he had knowledge of the fact that there were drugs in the trunk, and he, Crawford, and a witness for the defense testified that the lock of the automobile’s trunk had been broken during the time that the vehicle was in Mexico. Prosecution witnesses testified that the lock was not broken and was in good working order at the time the vehicle was driven across the border. The jury was permitted to see the automobile during the trial and to observe that, at that time, the lock was broken. In the course of his opening summation to the jury, the prosecuting attorney remarked: “It is my recollection…