BURRUP v. UNITED STATES

Nos. 8507, 8508.

371 F.2d 556 (1967)

John Richard BURRUP and Jay Melvin Burrup, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied February 20, 1967.


Attorney(s) appearing for the Case

William Erickson, Denver, Colo. (Hindry, Erickson & Meyer, Denver, Colo., and Hickey, Rooney & Walton, Cheyenne, Wyo., with him on brief), for appellants.

Leroy V. Amen, Cheyenne, Wyo. (Robert N. Chaffin, U. S. Atty., with him on brief), for appellee.

Before MURRAH, Chief Judge, and PHILLIPS and PICKETT, Circuit Judges.


MURRAH, Chief Judge.

In this criminal appeal the appellants complain for the first time of the trial court's so-called "Allen" instruction to the jury. In the tenor and context in which it was given we do not think the charge was improper. Complaint is also made of the supplemental instructions on fraud, conspiracy and circumstantial evidence. We find no fault with the propriety or correctness of these instructions, and we affirm the judgment.

The pertinent...

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