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UNITED STATES v. MAY

No. 73-1069 Summary Calendar.

478 F.2d 238 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Lewis Clyde MAY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 14, 1973.

Attorney(s) appearing for the Case

Frank W. Riggs, John W. Davis, III, Montgomery, Ala., for defendant-appellant.

Ira DeMent, U. S. Atty., D. Broward Segrest, Asst. U. S. Atty., Montgomery, Ala., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and DYER and SIMPSON, Circuit Judges.

PER CURIAM:

The only issue raised by appellant in this direct criminal appeal from his conviction of operating an illegal whiskey still in violation of 26 U.S.C.A. §§ 5601(a)(1), 5601(a)(7), 5604(a)(1), is that the trial Judge's cross-examination of one of the defense witnesses constituted a departure from his role of impartiality and deprived the defendant of a fair trial. Having made a careful study of the transcript of testimony and the Judge's charge...

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