MOORE, Circuit Judge:
Vincent John Rao, defendant-appellant, was tried on four counts of perjury in connection with testimony given under a grant of immunity before a Federal Grand Jury. After seven days of trial, the case was submitted to the jury on November 16, 1967 at 3:00 P.M. At approximately 10:00 P.M. the jury sent out a note stating: "We the jury cannot reach a unanimous decision — ratio of nine to three on all counts." The jury were discharged for...
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