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UNITED STATES v. PITTMAN

No. 71-1367.

449 F.2d 1284 (1971)

UNITED STATES of America, Plaintiff-Appellee. v. Ava PITTMAN and Paula Wynn, also known as Paula M. Lynn, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

October 7, 1971.

Attorney(s) appearing for the Case

George E. Graziadei (argued), Las Vegas, Nev., for defendants-appellants.

William P. Cashill, Asst. U. S. Atty. (argued), Bart M. Schouweiler, U. S. Atty., Las Vegas, Nev., for plaintiff-appellee.

Before MERRILL, ELY and KILKENNY, Circuit Judges.

PER CURIAM:

Convicted of violating 26 U.S.C. § 4705(a) (sale of narcotics without an order form) and 18 U.S.C. § 371 (conspiracy), Pittman and Wynn appeal. We reverse and remand for a new trial because the privacy of the jury room was improperly invaded by an agent of the prosecution.

After the jury in this case had retired to deliberate, it notified the trial judge that it wished to listen again to a tape recording that had been played during the...

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