William O. Douglas

“ And in any event the probabilities of confusion in the minds of the jurors seem so great, and the charge was so important to the vital issue in the case, that we conclude that prejudicial error was committed. We certainly cannot say from a review of the whole record that lack of prejudice affirmatively appears. While there was sufficient evidence for the jury, the case against petitioner was not open and shut. Since the scales were quite evenly Balanced, we feel that the jury might have been influenced by the erroneous charge. ”

“ Petitioner and one Bennett were convicted of a conspiracy [1] to violate the statute and regulations governing the rationing of gasoline. [2] It was charged that between July 1, 1943 and September 6, 1944 petitioner would steal gasoline ration coupons from the First National Bank of Poughkeepsie, New York, where she was employed, transfer them to Bennett, and share i th Benett the proceeds the the sale. The case was tried to a jury. Petitioner alone appealed the Circuit Court of Appeals, which sustained the judgment of conviction, one judge dissenting. ”

“ United States, 298 U.S. 342, 347, 348, 56 S.Ct. 764, 766, 80 L.Ed. 1205, 'an erroneous ruling which relates to the substantial rights of a party is ground for reversal unless it affirmatively appears from the whole record that it was not prejudicial.' It seems plain that the inflection or tone of voice used in giving the challenged instruction could make it highly damaging. ”