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JOHNSON v. UNITED STATES

No. 13692.

244 F.2d 781 (1957)

Benjamin F. JOHNSON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 29, 1957.

Attorney(s) appearing for the Case

Mr. John A. Shorter, Jr., Washington, D. C., with whom Mr. Roy M. Ellis, Washington, D. C., was on the brief, for appellant.

Mr. Alfred Burka, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., Lewis Carroll and Joseph A. Lowther, Asst. U. S. Attys., were on the brief, for appellee.

Before WASHINGTON, DANAHER and BASTIAN, Circuit Judges.

PER CURIAM.

Defendant (appellant) was on trial for violations of § 3 and § 1711 of Title 18 U.S.C. After completion of the testimony, counsel for defendant requested the trial court to charge the jury to the effect that, if the Government failed to prove each element of the offenses beyond a reasonable doubt, the jury should find the defendant not guilty. The court failed or refused so to charge. Nor did its instructions, as a whole, contain the substance...

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