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UNITED STATES v. CASTELLANOS

No. 72 CR 37.

349 F.Supp. 720 (1972)

UNITED STATES of America v. Luis CASTELLANOS, Defendant.

United States District Court, E. D. New York.

September 28, 1972.

Attorney(s) appearing for the Case

James A. Pascarella, Brooklyn, N. Y. (Robert A. Morse, U. S. Atty., of counsel) for the Government.

Frank T. Geoly, Brooklyn, N. Y., for defendant.

MEMORANDUM and ORDER

DOOLING, District Judge.

The indictment in this case was twice tried, the first trial starting on March 27, 1972, and the second on August 9, 1972. Both trials ended in the jury's disagreeing and being discharged. In each trial when the jury first reported an inability to agree, a very much modified form of the "Allen Charge" was read to the jury. In both trials the jury entered on its deliberation on one day was excused overnight and...

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