From Casetext: Smarter Legal Research

United States v. Garber

United States Court of Appeals, Third Circuit
Oct 11, 1967
383 F.2d 448 (3d Cir. 1967)

Opinion

No. 16539.

Argued September 14, 1967.

Decided October 11, 1967.

Walter E. Knecht, Jr., O'Keefe, Knecht Ryan, Philadelphia, Pa., for appellant.

Robert S. Blank, Asst. U.S. Atty., Philadelphia, Pa. (Drew J.T. O'Keefe, U.S. Atty., Robert St. Leger Goggin, Asst. U.S. Atty., Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, FREEDMAN and SEITZ, Circuit Judges.


OPINION OF THE COURT


No dispute of fact is presented by this appeal. The appellant, Garber, was convicted as an individual and as President of William Garber, Inc. of wilfully attempting to evade and defeat personal and corporate income taxes for 1960 and 1961. 26 U.S.C. § 7201. We have before us a single issue of law: did the trial court err in placing undue emphasis on certain portions of the Government's evidence in his charge? A United States Judge has the right to comment on the evidence. United States v. Stayback, 212 F.2d 313, 319 (3 Cir. 1954), cert. denied, 348 U.S. 911, 75 S.Ct. 289, 99 L.Ed. 714 (1955). We have examined the charge carefully and we can find no error in it. The judgment will be affirmed.


Summaries of

United States v. Garber

United States Court of Appeals, Third Circuit
Oct 11, 1967
383 F.2d 448 (3d Cir. 1967)
Case details for

United States v. Garber

Case Details

Full title:UNITED STATES of America v. William GARBER, Individually and as President…

Court:United States Court of Appeals, Third Circuit

Date published: Oct 11, 1967

Citations

383 F.2d 448 (3d Cir. 1967)

Citing Cases

United States v. Hardy

This Court has held that, "It is no longer an open question that a judge of a court of the United States may,…

Lambert v. Duzy

It is settled beyond question that a federal judge may comment upon the evidence "and express his opinion…