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UNITED STATES v. McKINNEY

No. 27634.

429 F.2d 1019 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Jessie Kenneth McKINNEY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 1, 1970.

Attorney(s) appearing for the Case

Cread L. Ray, Jr. (court-appointed), Ben Z. Grant, Marshall, Tex., for defendant-appellant.

Richard Brooks Hardee, U. S. Atty., Tyler, Tex., Carl R. Roth, Asst. U. S. Atty., Beaumont, Tex., Kirby W. Patterson, Atty., Criminal Section, U. S. Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before RIVES, GOLDBERG and GODBOLD, Circuit Judges.

GOLDBERG, Circuit Judge.

In this criminal case the appellant entreats us to invade the cloister of the jury room to determine whether the verdict of guilty in the court below may have been influenced by prejudicial newspaper publicity. With equal fervor the government implores us not to enter the cloister, invoking the aged and hallowed principle of the sanctity of jury deliberations. Eschewing blind obedience to this salutary...

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