EVANS v. WRIGHT

No. 73-2404.

505 F.2d 287 (1974)

Sil EVANS, Appellee, v. George WRIGHT, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 4, 1974.


Attorney(s) appearing for the Case

Robert T. Winston, Jr., Norton, Va., for appellant.

Hugh P. Cline, Norton, Va. (Cline, McAfee, Adkins & Gillenwater, Norton, Va., on brief), for appellee.

Before CRAVEN, BUTZNER and FIELD, Circuit Judges.


CRAVEN, Circuit Judge:

Primarily this appeal questions the extent of the power of a federal trial judge to comment on the evidence in the course of his charge to the jury. In order to understand what we hold it will be necessary to paraphrase much of the evidence. For just as jury instructions must always "be drawn with reference to the particular facts of the case on trial," Collazo v. United States, 90 U.S. App.D.C. 241, 196 F.2d 573

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