MOORE v. UNITED STATES

No. 78-3455.

598 F.2d 439 (1979)

Bobby Lee MOORE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 9, 1979.


Attorney(s) appearing for the Case

Robert G. Wellon, Atlanta, Ga., for petitioner-appellant.

William L. Harper, U. S. Atty., Dorothy Y. Kirkley, Asst. U. S. Atty., Atlanta, Ga., for respondent-appellee.

Before TUTTLE, GODBOLD and RUBIN, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

The trial judge in this jury case asked the defendant a number of questions, and commented, outside the hearing of the jury, on whether it was advisable for the defendant to offer the testimony of his thirteen year old son. This application for post-conviction relief under 28 U.S.C. § 2255 challenges the court's conduct.

Appellant Moore was convicted of possession of non-tax paid whiskey in violation of 26 U.S.C. §...

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