UNITED STATES v. ALLISON

No. 72-2828.

481 F.2d 468 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Carlton Ellis ALLISON et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 13, 1973.


Attorney(s) appearing for the Case

Arthur J. Hanes, Sr., Birmingham, Ala., for Allison and Perry.

J. Terry Huffstutler, Jr., Guntersville, Ala., for Holladay.

Robert B. French, Jr., Fort Payne, Ala., for Ralph Marquez.

James R. Venable, Atlanta, Ga., for Bryant and Robinson.

Larry L. Debus, Phoenix, Ariz., for Michael Marquez.

Wayman G. Sherrer, U. S. Atty., Albert C. Bowen, Jr., Asst. U. S. Atty., Birmingham, Ala., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and COLEMAN and DYER, Circuit Judges.


DYER, Circuit Judge:

The defendants were tried and convicted of substantive violations of the Dyer Act, 18 U.S.C.A. §§ 2312 & 2313, and of conspiracy in violation of 18 U.S.C.A. § 371. The only issue on appeal deserving in depth consideration is whether a new trial is required because the district court allowed an alternate juror, who had been carefully instructed not to participate in any way in the jury's deliberations, to accompany the twelve...

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