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YOUNG v. UNITED STATES

No. 20023.

369 F.2d 959 (1966)

Thomas E. YOUNG, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided September 29, 1966.

Attorney(s) appearing for the Case

Mr. William A. Mann, Washington, D. C. (appointed by this court), for appellant.

Mr. Charles A. Mays, Asst. U. S. Atty., with whom Messrs. David G. Bress, U. S. Atty., Frank Q. Nebeker and Joel D. Blackwell, Asst. U. S. Attys., were on the brief, for appellee.

Before FAHY, McGOWAN and TAMM, Circuit Judges.

PER CURIAM:

Appellant was indicted and tried for second degree murder, found guilty, and appeals. A statement made by the trial judge at a bench conference, if heard by any of the jurors, would have prejudiced the defense and required reversal. When trial counsel pointed out to the court that the jury might have heard some of these comments the following occurred:

The Court: I can't conceive that they did. I thought I was speaking very low. I will ask them...

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