United States v. Dillon

Billy Ray Dillon appeals his conviction for violation of the Dyer Act, 18 U.S.C. § 2312, in that he transported a 1960 Cadillac from Missouri to Texas, with knowledge that the vehicle had been stolen. He contends that the evidence was insufficient to support a conviction, that the trial courts denial of his right to have a material witness subpoenaed was prejudicial error, and that the courts charge deprived the jury of its traditional fact-finding function. We conclude that the district judges final instructions to the jury exceeded the limits of fair comment, and that he practically directed a verdict of guilty against appellant. Accordingly, we reverse and remand for a new trial.