Willis Smith v. United States

TUTTLE, Circuit Judge.

This is the second appearance of this case here. Smith was convicted under the Harrison Narcotics Law, 26 U.S.C.A. §§ 2550 et seq., 3220 et seq., and sentenced to five years imprisonment. After his sentence he engaged new counsel who filed a motion for new trial, the principal basis of which was considered by the Court in Smith v. United States of America, 5 Cir., 252 F.2d 120. This ground was that, in open court in the presence of prospective jurors, the trial court made comments claimed to be highly prejudicial to appellant just prior to commencement of the trial.

Answer…