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UNITED STATES v. BAXLEY

No. 12097.

406 F.2d 397 (1969)

UNITED STATES of America, Appellee, v. Charles BAXLEY, Appellant.

United States Court of Appeals Fourth Circuit.

Decided February 4, 1969.

Attorney(s) appearing for the Case

Leo H. Hill, Greenville, S. C. (Court-appointed counsel) for appellant.

Thomas F. Batson, Asst. U. S. Atty. (Klyde Robinson, U. S. Atty., and William B. Long, Jr., Asst. U. S. Atty., on the brief), for appellee.

Before BOREMAN, BRYAN and CRAVEN, Circuit Judges.

PER CURIAM:

We think the difference between clearly permissible comment on the evidence, traditional with common law judges, and the instructions given here, alleged to have removed from jury consideration essential elements of the crime, is not so gross that we should notice the matter as plain error. Fed. R.Crim.P. 30. We are urged to reject the rule enunciated in this circuit in Guy v. United States, 336...

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