Justia Federal District Court Opinions

This is an appeal from a judgment of conviction for violations of federal firearm regulation statutes. Finding that the trial judge made remarks to the defendant that to a significant degree could have inhibited defendant's right both to demand a jury trial and to testify on his own behalf, we reverse and remand the case for a new trial.

Defendant-appellant, Forrest Anderson, was charged under 26 U.S.C.A. Secs. 5861(d), 5861(i), and 5871 with illegally possessing an unregistered sawed-off shotgun that was not identified by the required serial numbers. During a hearing on appellant's motion to suppress evidence, appellant testified concerning the circumstances of his arrest and the seizure of the shotgun. The version of those events related by appellant and another person arrested at the same time differed markedly from the version told by the several police officers who had effectuated the arrests and seizure. At the conclusion of the hearing, the following colloquy took place:

THE COURT: "It is plainly apparent this was a legal search and seizure . . .

"We believe the officers instead of the defendant insofar as the manner in which [the events occurred] . . .