UNITED STATES v. GUERRERO-PERALTA

No. 71-1237.

446 F.2d 876 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Georgina GUERRERO-PERALTA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 8, 1971.


Attorney(s) appearing for the Case

J. Frank McCabe (argued), San Diego, Cal., for defendant-appellant.

Clifton F. White, Asst. U. S. Atty. (argued), Harry D. Steward, U. S. Atty., San Diego, Cal., for plaintiff-appellee.

Before JERTBERG, DUNIWAY and KILKENNY, Circuit Judges.


DUNIWAY, Circuit Judge:

Guerrero-Peralta appeals from her conviction on two counts charging violations of 21 U.S.C. § 176a. We need consider only her contention that, in submitting the case to an eleven-man jury, the court failed to comply with Rule 23(a), F.R. Crim.P. We reverse.

When the jury retired, the forelady sent a note to the court indicating that a file containing documents that were not in evidence was found in the jury room. The jury was recalled...

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