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UNITED STATES v. HYNES

No. 445, Docket 33191.

424 F.2d 754 (1970)

UNITED STATES of America, Appellee, v. James William HYNES, a/k/a James Burns, Appellant.

United States Court of Appeals, Second Circuit.

Decided April 10, 1970.

Certiorari Denied June 29, 1970.

Attorney(s) appearing for the Case

Michael A. Bamberger, New York City (The Legal Aid Society, New York, N. Y.), for appellant.

James T. B. Tripp, Asst. U. S. Atty., New York City (Robert M. Morgenthau, U. S. Atty. for Southern District of New York, New York City, Arthur A. Munisteri, Elkan Abramowitz, Asst. U. S. Attys., New York City on the brief), for appellee.

Before MOORE, FRIENDLY and HAYS, Circuit Judges.

Certiorari Denied June 29, 1970. See 90 S.Ct. 2270.

MOORE, Circuit Judge:

This case presents a single issue on appeal: did Judge Weinfeld's delivery of an "Allen charge"1 to the jury after it reported a deadlock violate the defendant's sixth amendment right to a verdict rendered by twelve individual and impartial jurors?

Hynes was convicted of having in his possession two counterfeit...

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