LEONARD v. UNITED STATES

No. 17940.

324 F.2d 914 (1963)

Andrew James LEONARD, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied December 30, 1963.


Attorney(s) appearing for the Case

John G. Clancy, San Francisco, Cal., for appellant.

Warren C. Colver, U. S. Atty., and James R. Clouse, Jr., Anchorage, Alaska, for appellee.

Before ORR, HAMLEY and KOELSCH, Circuit Judges.


ORR, Circuit Judge.

The main question for determination here is: did the rendition of a verdict of guilty, in open court, against appellant for an unrelated crime, while nineteen members of the jury panel were present, so infect said panel with prejudice that the serving of five of them on the jury in the instant case violated the constitutional rights of appellant?

The case in which the guilty verdict was returned involved violations of 18 U.S.C.A. §...

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