UNITED STATES v. GLICK

No. 838, Docket 35695.

463 F.2d 491 (1972)

UNITED STATES of America, Appellee, v. John Theodore GLICK, Appellant.

United States Court of Appeals, Second Circuit.

Decided June 29, 1972.


Attorney(s) appearing for the Case

William C. Cunningham, S. J., New York City, for appellant.

John T. Sullivan, Jr., Asst. U. S. Atty., Rochester, N. Y. (C. Donald O'Connor, Acting U. S. Atty., for the W. D. N. Y., of counsel), for appellee.

Before KAUFMAN, HAYS and OAKES, Circuit Judges.


IRVING R. KAUFMAN, Circuit Judge:

We are asked to reverse a conviction because the trial judge not once, but twice communicated with the jury out of the presence of the defendant (appearing pro se) during the course of the jury's deliberations.

John Theodore Glick, the appellant here, and seven other defendants1 were tried before Judge Burke and a jury on six counts relating to the ransacking of

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