Fowler v. United States
| Decision Date | 21 November 1962 |
| Docket Number | No. 19458.,19458. |
| Citation | 310 F.2d 66 |
| Parties | Robert W. FOWLER, Appellant, v. UNITED STATES of America, Appellee. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Joe Brown Booth, Miami, Fla., for appellant.
Edmond J. Gong, Asst. U. S. Atty., Miami, Fla., Edward F. Boardman, U. S. Atty., for Southern Dist. of Florida, for appellee.
Before JONES and BELL, Circuit Judges, and CARSWELL, District Judge.
Before us on this appeal is a record of 101 pages, only two or three of which are pertinent to the question we are asked to decide. Omitted from the record before us is a transcript of the argument of Government counsel to the jury, which is most important to the issue raised by the appellant.
The appellant, Robert W. Fowler, was charged in six counts with the unlawful purchase and sale of heroin. At the conclusion of the Government's case the appellant moved for a directed verdict. The motion was denied. The appellant put on no evidence and rested his case. The jury was excused and the appellant's counsel made this motion:
"Now, if your Honor please, I move this Honorable Court for a mistrial upon the grounds that the Assistant District Attorney has called to this jury\'s attention that the defendant has offered no testimony on his behalf which, in fact, calls to the jury\'s attention that the defendant has not offered any testimony for himself, by himself, And, therefore, I move for the mistrial."
Then followed a colloquy between the court and counsel:
The jury was recalled and instructions were given. Among the instructions was the following:
The jury returned a verdict of guilty on all of the six counts and the...
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United States v. Sigal
...had been error and whether or not the error was harmless. Washington v. United States, 327 F.2d 793 (5 Cir. 1964); Fowler v. United States, 310 F.2d 66 (5 Cir. 1962). In Parrott v. United States, 314 F.2d 46 (10 Cir. 1963), the defendant argued that there had been prejudicial error in the c......
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...statute. Ebersole v. State, 91 Idaho 630, 428 P.2d 947 (1967); Parrott v. United States, 314 F.2d 46 (10th Cir. 1963); Fowler v. United States, 310 F.2d 66 (5th Cir. 1962). The requirement of I.C. § 1-1103 is mandatory and may be effectuated by stenographic or mechanical recording but court......
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