Ray Allen Tollett v. United States

ROSS, Circuit Judge.

Ray Allen Tollett was convicted of mailing postcards containing language of a scurrilous and defamatory character, intended to reflect injuriously upon the character or conduct of another in violation of 18 U.S.C. § 1718. We reverse the judgment of conviction and order a new trial.

Trial of this case in District Court with jury waived commenced on March 30, 1970 with Tollett represented by an attorney of his choice. During the course of the trial, Tollett took the witness stand in his own defense against the advice of his attorney. His testimony disclosed that he had…