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HERNANDEZ v. DELGADO

No. 6766.

375 F.2d 584 (1967)

Juan JACA HERNANDEZ, Petitioner, Appellant, v. Gerardo DELGADO, Warden of the Commonwealth Penitentiary of Puerto Rico, Respondent, Appellee.

United States Court of Appeals First Circuit.

April 5, 1967.

Attorney(s) appearing for the Case

George L. Weasler, Santurce, P. R., and Santos P. Amadeo, Rio Piedras, P. R., with whom Gilberto Concepcion de Gracia, Rio Piedras, P. R., was on brief, for appellant.

Adaljisa Diaz De Collazo, Asst. Sol. Gen., with whom J. B. Fernandez Badillo, Sol. Gen., was on brief, for appellee.

Before ALDRICH, Chief Judge, MARIS and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

This appeal from the denial of a petition for habeas corpus raises one claim, that petitioner, now serving a life sentence, was unconstitutionally deprived of his right to poll the jury. Petitioner was tried in the Puerto Rico Superior Court in April, 1951, and convicted on four charges of murder and six other charges. The announced vote of the jury was 10 to 2.1 In Puerto Rico at this time a verdict of nine or more...

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