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UNITED STATES v. HAYES

No. 71-1519 Summary Calendar.

446 F.2d 309 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Leon HAYES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 13, 1971.

Attorney(s) appearing for the Case

Robert E. McDonald, Jr., Mobile, Ala., for defendant-appellant.

Charles S. White-Spunner, Jr., U. S. Atty., Irwin W. Coleman, Jr., Asst. U. S. Atty., Mobile, Ala., for plaintiff-appellee.

Before COLEMAN, SIMPSON, and MORGAN, Circuit Judges.

COLEMAN, Circuit Judge:

On November 22, 1926, the Supreme Court decided Brasfield v. United States, 272 U.S. 448, 47 S.Ct. 135, 71 L. Ed. 345, in which Mr. Justice Stone, delivering the opinion of the Court, wrote:

"The only errors assigned which are pressed upon us concern proceedings had upon the recall of the jury after its retirement. The jury having failed to agree after some hours of deliberation, the trial judge inquired...

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