UNITED STATES v. BACCARI

Nos. 73-1457, 73-1458.

489 F.2d 274 (1973)

UNITED STATES of America, Appellee, v. Louis Salvatore BACCARI and Ralph Clifford Zanfagna, Appellants.

United States Court of Appeals, Tenth Circuit.

Decided December 26, 1973.

Rehearing Denied January 18, 1974.


Attorney(s) appearing for the Case

Carroll Samara, Oklahoma City, Okl. (Raymond J. Daniels, Providence, R. I., with him on the brief), for appellants.

Jeff R. Laird, First Asst. U. S. Atty. (William R. Burkett, U. S. Atty., with him on the brief), for appellee.

Before SETH, ALDISERT and McWILLIAMS, Circuit Judges.


PER CURIAM.

Appellants challenge their convictions for perjury in violation of 18 U.S.C. § 1623. Three issues were initially raised on this appeal. The first questions the propriety of permitting a previously discharged alternate juror to replace a regular juror who became incapacitated during deliberations, when all parties agreed to the substitution. The second is whether the trial court should have imposed a "gag" order on the press with respect to mention...

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