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JORDAN v. UNITED STATES

No. 5154.

22 F.2d 966 (1927)

JORDAN v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

November 28, 1927.

Attorney(s) appearing for the Case

John A. Deweese, Thomas J. Martin, and Josiah Coombs, all of Los Angeles, Cal., for plaintiff in error.

Samuel W. McNabb, U. S. Atty., and John R. Layng, Asst. U. S. Atty., both of Los Angeles, Cal., for the United States.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.

RUDKIN, Circuit Judge.

About 24 hours after the jury retired to consider of their verdict in this case, the court recalled them of its own motion and propounded the following question, among others:

"The Court: I am not asking you for a division, Mr. Foreman; but I will ask you: Is the jury about evenly divided? You can answer that yes or no.

"The Foreman: Yes, sir."

In Burton v. United States, 196 U.S. 283-305...

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