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UNITED STATES v. SEXTON

No. 71-2407.

456 F.2d 961 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Charles W. SEXTON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 20, 1972.

Attorney(s) appearing for the Case

B. M. Waller, Montgomery, Ala., for defendant-appellant.

Ira DeMent, U.S. Atty., D. Broward Segrest, Asst. U.S. Atty., David B. Byrne, Jr., Montgomery, Ala., for plaintiff-appellee.

Before THORNBERRY, COLEMAN and INGRAHAM, Circuit Judges.

COLEMAN, Circuit Judge:

Charles W. Sexton has been convicted of violating various sections of the Internal Revenue Code relating to the unlawful possession, transportation, sale, and transfer of non-tax-paid distilled spirits, 26 U.S.C., §§ 5205(a)(2) and 5604(a)(1)1 He appeals. Because of an occurrence which took place while the jury was attempting to report a verdict in open court we are compelled to reverse and remand for...

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