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UNITED STATES v. BRANDOM

No. 71-1499.

479 F.2d 830 (1973)

UNITED STATES of America, Appellee, v. Smith F. BRANDOM, Jr., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 12, 1973.

Rehearing Denied July 23, 1973.

Attorney(s) appearing for the Case

David W. Russell, Kansas City, Mo., for appellant.

Anthony P. Nugent, Jr., Asst. U. S. Atty., Kansas City, Mo., for appellee.

Before MATTHES, Chief Judge, and LAY and HEANEY, Circuit Judges.

HEANEY, Circuit Judge.

The principal question1 on appeal is whether the trial judge impermissibly commented on the evidence in his charge to the jury, thus, in effect, directing a verdict. We hold that it did so, and reverse the defendant's conviction.

The defendant was convicted on Counts I, II, III and XI of the indictment which charged him with violating the mail fraud statute, 18 U.S.C. § 1341.2

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