United States v. Willis G. Kyle

TAMM, Circuit Judge:

Appellant, Willis G. Kyle, convicted of second-degree murder1 and carrying a pistol without a license,2 appeals from the adverse disposition of his motion for a new trial by the district court judge. The basis for the motion was the possibility that three of the jurors in the case were improperly influenced by their presence on a jury which only two days earlier had been “castigated” by another judge for rendering a verdict of not guilty. Although we strongly disapprove of the acrimonious remarks of the trial judge in the former case, we find no error meriting reversal in…