UNITED STATES v. WYNN

No. 182-69.

415 F.2d 135 (1969)

UNITED STATES of America, Plaintiff, Appellee, v. Waymon Austin WYNN, Defendant, Appellant.

United States Court of Appeals Tenth Circuit.

Rehearing Denied September 25, 1969.


Attorney(s) appearing for the Case

Loren L. Mall, Denver, Colo., for appellant.

John E. Green, Asst.U.S.Atty. (B. Andrew Potter, U.S.Atty., with him on brief), for appellee.

Before MURRAH, Chief Judge, and TUTTLE and BREITENSTEIN, Circuit Judges.


MURRAH, Chief Judge.

Waymon Austin Wynn was indicted and found guilty by a jury of robbing a federally insured bank in violation of 18 U.S.C. § 2113. On appeal he asserts numerous errors.

He first complains of the prejudicial effect of the instruction given the jury after they had reported that they were unable to agree. When they were recalled to the courtroom they were instructed, without objection, by Judge Daugherty:

"The court would like...

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