Charles Edward Stegall v. United States

On this appeal, we must consider whether or not the issue of erroneous instruction by the trial court may be properly raised under Rule 35, Federal Rules of Criminal Procedure, 18 U.S.C.A. We think the trial judge was in error in charging the jury that there was no dispute that the two persons who entered the bank which was robbed by them, did so with a flourish of weapons and placed the lives of a man and woman in jeopardy. Proof showed appellant to be one of the two persons who entered the bank.

This constituted invasion of the province of the jury. But we are of opinion that the issue of…