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FULWOOD v. UNITED STATES

No. 20121.

369 F.2d 960 (1966)

William T. FULWOOD, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided December 5, 1966.

Petition for Rehearing Denied January 13, 1967.

Attorney(s) appearing for the Case

Mr. Leland T. Johnson, Washington, D. C. (appointed by this court), for appellant.

Mr. Robert Kenly Webster, Asst. U.S. Atty., for appellee. Messrs. David G. Bress, U.S. Atty., Frank Q. Nebeker and William H. Collins, Jr., Asst. U.S. Attys., and Donald I. Bierman, Attorney, Department of Justice, were on the brief for appellee.

Before DANAHER, BURGER and McGOWAN, Circuit Judges.

Petition for Rehearing En Banc Denied January 13, 1967.

BURGER, Circuit Judge:

Appellant was convicted on two counts of robbery and sentenced to concurrent terms of from two to six years' imprisonment. This appeal challenges the trial judge's use of the so-called Allen charge.1 The attack takes two forms: first, that the Allen charge is per se coercive; second, that it was particularly coercive in this case because...

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