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PINCKNEY v. UNITED STATES

No. 22452.

352 F.2d 69 (1965)

David Solomon PINCKNEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

November 2, 1965.

Attorney(s) appearing for the Case

Walter R. Stedeford, Jacksonville, Fla., for appellant.

James H. Walsh, Asst. U. S. Atty., Bernard Nachman, Asst. U. S. Atty., Middle Dist. of Florida, Jacksonville, Fla., Edward F. Boardman, U. S. Atty., Middle Dist. of Florida, for appellee.

Before TUTTLE, Chief Judge, THORNBERRY, Circuit Judge, and CARSWELL, District Judge.

PER CURIAM:

The ground of appeal from this conviction and sentence for violation of Federal Liquor laws is that the trial court abused its discretion in denying the jury's request to cause portions of the testimony reread to it after retirement.

Ordinarily, the question of whether testimony should be reread at the jury's request is a matter within the discretion of the trial judge. Easley v. United States, 5 Cir.,...

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