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UNITED STATES v. FERGUSON

Nos. 73-1124 to 73-1126.

486 F.2d 968 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Gordon Byron FERGUSON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Thomas Norwood STREET, Jr., Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Louis DICKINSON, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided October 24, 1973.

Attorney(s) appearing for the Case

Bernard W. N. Chill, Jackson, Miss., for Gordon Byron Ferguson.

Alvin M. Binder, Jackson, Miss., for Gordon Byron Ferguson; Binder, Lucas, Tharpe & Lohrman, Jackson, Miss., of counsel.

Edward G. Grogan, Memphis, Tenn., for Louis Hobson Dickinson; Heiskell, Donelson, Adams, Williams & Wall, Memphis, Tenn., of counsel.

James S. Cox, Memphis, Tenn., for Thomas Norwood Street; Krivcher & Cox, Memphis, Tenn., of counsel.

Thomas F. Turley, Jr., U. S. Atty., J. N. Raines, Asst. U. S. Atty., W. D. Tenn., Memphis, Tenn., for appellee.

Before MILLER and LIVELY, Circuit Judges, and CECIL, Senior Circuit Judge.

WILLIAM E. MILLER, Circuit Judge.

The appellants were convicted under 18 U.S.C. § 1341 of using the United States mails to defraud certain banks. (The offense is commonly referred to as "check kiting"). They now appeal and contend, inter alia, that the conviction should be set aside because an improper communication with a juror tainted the verdict. Because of our decision on this issue, we do not reach the other claims advanced by the appellants.

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