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YOUNG v. UNITED STATES

Nos. 18615, 18662.

346 F.2d 793 (1965)

Donald A. YOUNG, Appellant, v. UNITED STATES of America, Appellee. Joseph W. SIMMONS, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 19, 1965.

Attorney(s) appearing for the Case

Mr. John A. Beck, Washington, D. C. (appointed by this court), for appellant in No. 18615.

Mr. Robert C. Maynard, Washington, D. C. (appointed by the District Court), for appellant in No. 18662.

Mr. Jerome Nelson, Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Frank Q. Nebeker and John H. Treanor, Asst. U. S. Attys., were on the brief, for appellee.

Before BAZELON, Chief Judge, and WASHINGTON and DANAHER, Circuit Judges.

BAZELON, Chief Judge.

Appellants were convicted of assault with intent to commit robbery and simple assault. Appellant Young was also convicted of unlawful use of an imitation gun. They seek reversal because the trial court (1) excessively interrupted the two defense counsel to criticize them during their questioning of Government witnesses, and (2) failed to conduct a hearing on appellants' allegation that the jury overheard such criticism at bench conferences.<...

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