UNITED STATES v. WELCH

No. 73-2041.

496 F.2d 861 (1974)

UNITED STATES of America, Appellee, v. Herman Olin WELCH, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 23, 1974.


Attorney(s) appearing for the Case

Thomas E. Smith, Jr., Pamplico, S. C. [Court-appointed counsel], and E. LeRoy Nettles, Lake City, S. C. (Nettles, Thomy, Floyd, & Smith, Lake City, S. C., on brief) for appellant.

Marvin L. Smith, Asst. U. S. Atty. (John K. Grisso, U. S. Atty., on brief) for appellee.

Before BRYAN, Senior Circuit Judge, and WINTER and BUTZNER, Circuit Judges.


PER CURIAM:

Appellant Herman Olin Welch protests that he was prejudiced because of an experiment the jury initiated and conducted during its deliberations and so his bank robbery conviction, 18 U.S.C. § 2113, should be vacated. One member produced a roll of adhesive tape, like that allegedly used by the defendant as a partial disguise in the holdup, while another juror simulated its use.

On defendant's motion for a new trial the District Judge, sensitive...

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