UNITED STATES v. TAYLOR

No. 74-2099.

507 F.2d 166 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Bryan Wilson TAYLOR, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 27, 1975.


Attorney(s) appearing for the Case

James L. Mitchell, Fred E. McDonald, Dallas, Tex., for defendant-appellant.

Frank D. McCown, U. S. Atty., William F. Sanderson, Asst. U. S. Atty., Ft. Worth, Tex., Charles D. Cabaniss, Asst. U. S. Atty., Dallas, Tex., for plaintiff-appellee.

Before TUTTLE, THORNBERRY and SIMPSON, Circuit Judges.


SIMPSON, Circuit Judge:

Appellant, Bryan Wilson Taylor, was tried to a jury on a twenty-seven count indictment for violations of Title 18, U.S.C., Sec. 1341, the mail fraud statute. Sixteen counts were submitted to the jury. After deliberations began, but before a verdict was returned in open court, one juror suffered a heart attack and died shortly thereafter. The district judge satisfied herself that all twelve jurors had reached agreement on counts 7, 9 and 11...

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