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COOK v. UNITED STATES

No. 16898.

254 F.2d 871 (1958)

Richard T. COOK, Jr. and Vernon C. Hill, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

April 30, 1958.

Attorney(s) appearing for the Case

Julian Hartridge, Savannah, Ga., for appellants.

Donald H. Fraser, Asst. U. S. Atty., Savannah, Ga., William C. Calhoun, U. S. Atty., Augusta, Ga., for appellee.

Before RIVES, BROWN and WISDOM, Circuit Judges.

PER CURIAM.

On oral argument for the first time, appellants urged that it was error per se for the trial court to elicit information from the jury as to its numerical standing. In the district court the two appellants were tried and convicted of rape in violation of 18 U.S.C. § 2031. The jury had retired at 12:10 P.M. on Wednesday, May 15, 1957. At 2:40 P.M. they returned to inquire whether they could bring in a verdict...

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