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UNITED STATES v. NOLES

No. 75-1951.

524 F.2d 1262 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Joey Michael NOLES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 24, 1975.

Attorney(s) appearing for the Case

John K. Hutcheson, Jacksonville, Fla. (Court appointed), for defendant-appellant.

John L. Briggs, U. S. Atty., John J. Daley, Jr., Asst. U. S. Atty., Jacksonville, Fla., for plaintiff-appellee.

Before BELL and DYER, Circuit Judges, and MEHRTENS, District Judge.

PER CURIAM:

Appellant was convicted of possession with intent to distribute marijuana. 21 U.S.C.A., Section 841(a)(1). We reverse for a new trial.

The Court in its charge asked the jury the question, "How many of you know that from marijuana you go to heroin, or all the dangerous drugs?" This question was in such context as to amount to testimony by the district judge as to a fact.1 It exceeded the bounds allowed a

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