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WINTERS v. UNITED STATES

No. 6658.

317 A.2d 530 (1974)

Frank C. WINTERS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided March 20, 1974.

Attorney(s) appearing for the Case

James F. Bromley, Washington, D. C., appointed by this court, for appellant.

David G. Larimer, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry and Richard L. Cys, Asst. U. S. Attys., were on the brief, for appellee.

Before REILLY, Chief Judge, and KELLY, FICKLING, KERN, GALLAGHER, NEBEKER, PAIR, YEAGLEY and HARRIS, Associate Judges, sitting en banc.

NEBEKER, Associate Judge:

The court, sua sponte, reheard this case en banc to consider a renewed attack on the traditional and so-called Allen charge.1 Appellant's point, as he views that instruction, is that it unconstitutionally invades the province of the jury and thus denies a trial by jury. In a word, appellant says that the instruction is coercive. He urges that we follow other courts...

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