Terrell v. United States, No. 2343.
| Court | United States Courts of Appeals. United States Court of Appeals (4th Circuit) |
| Writing for the Court | WOODS, WADDILL, and ROSE, Circuit |
| Citation | 6 F.2d 498 |
| Parties | TERRELL v. UNITED STATES. |
| Docket Number | No. 2343. |
| Decision Date | 15 June 1925 |
6 F.2d 498 (1925)
TERRELL
v.
UNITED STATES.
No. 2343.
Circuit Court of Appeals, Fourth Circuit.
June 15, 1925.
Lively & Stambaugh and Lon H. Kelly, all of Charleston, W. Va., for plaintiff in error.
Elliott Northcott, U. S. Atty., of Huntington, W. Va., and B. J. Pettigrew, Asst. U. S. Atty., of Charleston, W. Va.
Before WOODS, WADDILL, and ROSE, Circuit Judges.
WOODS, Circuit Judge.
The defendant was convicted on an indictment charging that he "on the ______ day of ______, in the year 1924, and from thence until and on
Error is assigned in overruling the demurrer to the indictment for indefiniteness in the statement of the date of the offense. The indictment advised the defendant of the charge that in 1924, before November 24 of that year, when the indictment was returned by the grand jury, he had been carrying on the business of a retail liquor dealer without paying the special tax. Moreover the record of the trial shows affirmatively that the defendant knew the time and circumstances, and that he suffered no prejudice for lack of a more definite statement of the date. The demurrer was properly overruled. Revised Statutes, § 1025, (Comp. St. § 1691); Ledbetter v. United States, 170 U. S. 606, 612, 18 S. Ct. 774, 42 L. Ed. 1162.
After the defendant had testified, denying altogether that he had kept or sold intoxicating liquors, the trial judge asked the witness several questions. The questions and answers are thus set out in the record:
"Q. (The Court) Didn't you call me up some three or more weeks ago and ask me if you could see me at my office? A. Yes, sir.
"Q. And didn't you come up to my office? A. Yes, sir.
"Q. And didn't you tell me this same story that you tell here — you told me that that morning? A. Judge McClintic, I have never been in trouble — I have never been in trouble before, and I asked you —
"Q. Just answer the question. A. No, sir; I told you that I could if you would let me —
"Q. Well, just answer the question and then make your explanation. A. I think I told you the same thing as nearly as I can remember.
"Q. Didn't you tell me — when I asked you to tell the whole story, after you had asked me to let you off, I told you that if you would tell me the whole...
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U.S. v. Paiva, No. 88-2041
...§ 2557 (West 1971). A district court judge also has the power to question witnesses. Fed.R.Evid. 614. See also Terrell v. United States, 6 F.2d 498, 499 (4th Cir.1925). In commenting on the testimony or questioning witnesses, however, the judge may not assume the role of a witness. Quercia,......
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U.S. v. Concemi, Nos. 91-1241
...Id. (citing Quercia, 289 U.S. at 470, 53 S.Ct. at 699; Tyler v. Swenson, 427 F.2d 412, 416 (8th Cir.1970); Terrell v. United States, 6 F.2d 498, 499 (4th Cir.1925)). "He may analyze and dissect the evidence, but he may not either distort it or add to it." Maguire, 918 F.2d at 268 (citing Qu......
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Bradley v. State ex rel. White, No. 97-1135
...e.g.,Brown v. Lynaugh, 843 F.2d 849, 851 (5 th Cir.1988); Tyler v. Swenson, 427 F.2d 412, 415 (8 th Cir.1970); Terrell v. United States, 6 F.2d 498, 499 (4 th Cir.1925); Haynes v. State of Missouri, 937 S.W.2d 199, 202 (Mo.1996); Wilson v. Oklahoma Horse Racing Comm'n, 910 P.2d 1020, 1024 (......
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Tyler v. Swenson, No. 20090.
...serve as a material witness as well as the trier of fact. United States v. Halley, 240 F.2d 418 (2 Cir. 1957); Terrell v. United States, 6 F.2d 498 (4 Cir. 1925); Maitland v. Zanga, 14 Wash. 92, 44 P. 117 (1896); 28 Harv.L.Rev. 115 (1914). Cf. Hale v. Wyatt, 78 N.H. 214, 98 A. 379 (1916). A......
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U.S. v. Paiva, No. 88-2041
...§ 2557 (West 1971). A district court judge also has the power to question witnesses. Fed.R.Evid. 614. See also Terrell v. United States, 6 F.2d 498, 499 (4th Cir.1925). In commenting on the testimony or questioning witnesses, however, the judge may not assume the role of a witness. Quercia,......
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U.S. v. Concemi, Nos. 91-1241
...Id. (citing Quercia, 289 U.S. at 470, 53 S.Ct. at 699; Tyler v. Swenson, 427 F.2d 412, 416 (8th Cir.1970); Terrell v. United States, 6 F.2d 498, 499 (4th Cir.1925)). "He may analyze and dissect the evidence, but he may not either distort it or add to it." Maguire, 918 F.2d at 268 ......
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Bradley v. State ex rel. White, No. 97-1135
...e.g.,Brown v. Lynaugh, 843 F.2d 849, 851 (5 th Cir.1988); Tyler v. Swenson, 427 F.2d 412, 415 (8 th Cir.1970); Terrell v. United States, 6 F.2d 498, 499 (4 th Cir.1925); Haynes v. State of Missouri, 937 S.W.2d 199, 202 (Mo.1996); Wilson v. Oklahoma Horse Racing Comm'n, 910 P.2d 1020, 1024 (......
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Tyler v. Swenson, No. 20090.
...serve as a material witness as well as the trier of fact. United States v. Halley, 240 F.2d 418 (2 Cir. 1957); Terrell v. United States, 6 F.2d 498 (4 Cir. 1925); Maitland v. Zanga, 14 Wash. 92, 44 P. 117 (1896); 28 Harv.L.Rev. 115 (1914). Cf. Hale v. Wyatt, 78 N.H. 214, 98 A. 379 (1916). A......