UNITED STATES v. ANTON

No. 78-1996.

597 F.2d 371 (1979)

UNITED STATES of America v. James B. ANTON, a/k/a Steve Savage, Dr. Thomas Donovan and Mike Nameth. Appeal of James B. ANTON.

United States Court of Appeals, Third Circuit.

Decided April 20, 1979.


Attorney(s) appearing for the Case

Thomas J. Elliott, Samuel R. Simon (argued), Blank, Rome, Comisky & McCauley, Philadelphia, Pa., for appellant.

Peter F. Vaira, U. S. Atty., Walter S. Batty, Jr., Asst. U. S. Atty., Chief, Appellate Div., James J. Rohn, Alfred A. Gollatz (argued), Asst. U. S. Attys., for appellee.

Before GARTH and HIGGINBOTHAM, Circuit Judges and SCHWARTZ, District Judge.


OPINION OF THE COURT

GARTH, Circuit Judge.

The question presented on this appeal is whether the district court judge may state in his charge to the jury that he regarded the defendant "as devoid of credibility" and that he "did not believe [the defendant's testimony] absolutely and in all respects." We hold that inclusion of this statement in the charge deprived the defendant of his right to have questions of credibility decided by a jury. United States...

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