United States v. Smith F. Brandom, Jr.

HEANEY, Circuit Judge.

The principal question1 on appeal is whether the trial judge impermissibly commented on the evidence in his charge to the jury, thus, in effect, directing a verdict. We hold that it did so, and reverse the defendant’s conviction.

The defendant was convicted on Counts I, II, III and XI of the indictment which charged him with violating the mail fraud statute, 18 U.S.C. § 1341.2 The evidence showed that the de*832fendant operated the Midwest Mutual Casualty Company and its management company, Gibraltar Management Corporation. The essence of the charge was that the defendant had…