STRANG v. UNITED STATES

No. 5950.

45 F.2d 1006 (1930)

STRANG v. UNITED STATES.

Circuit Court of Appeals, Fifth Circuit.

December 15, 1930.


Attorney(s) appearing for the Case

Mack Taylor, Chas. T. Rowland, and J. R. Maceo, all of Fort Worth, Tex. (J. P. Miller, of Dallas, Tex., on the brief), for appellant.

Norman A. Dodge, U. S. Atty., of Fort Worth, Tex., Fred Horowitz, Sp. Asst. to Atty. Gen., and Morrow H. Boynton, Asst. U. S. Atty., of Fort Worth, Tex.

Before BRYAN and FOSTER, Circuit Judges, and HUTCHESON, District Judge.


BRYAN, Circuit Judge.

Appellant was convicted of a felony as charged in an indictment under section 215 of the Criminal Code, 18 USCA § 338. He assigns as error the refusal of the court to set the verdict aside and grant him a new trial; the ground urged and proved being that prior to the trial one of the jurors had been convicted of manslaughter.

The juror named had been sentenced in 1920 to imprisonment in the state penitentiary for a period of five...

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