UNITED STATES v. BOOKER

No. 72-1653.

480 F.2d 1310 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. David BOOKER, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 19, 1973.


Attorney(s) appearing for the Case

Thomas H. Ramsey, Chicago, Ill., for defendant-appellant.

James R. Thompson, U. S. Atty., William T. Huyck, Terry M. Gordon, Asst. U. S. Attys., Chicago, Ill., for plaintiff-appellee.

Before SWYGERT, Chief Judge, and STEVENS and SPRECHER, Circuit Judges.


STEVENS, Circuit Judge.

A jury composed of five black and seven white persons found defendant, a black, guilty of violating 21 U.S. C. § 841(a)(1). In his conduct of the voir dire, the trial judge committed error by refusing to interrogate prospective jurors on the subject of possible racial prejudice. The government contends that the error was harmless because the evidence of guilt is overwhelming and five of the jurors were black. We disagree.

In Chase...

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