UNITED STATES v. CHERAMIE

No. 74-3380.

520 F.2d 325 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Perry Joseph CHERAMIE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 3, 1975.


Attorney(s) appearing for the Case

Evangeline T. M. Vavrick, New Orleans, La., for defendant-appellant.

Gerald J. Gallinghouse, Stephen A. Mayo, Mary Williams Cazalas, Asst. U. S. Attys., New Orleans, La., for plaintiff-appellee.

Before CLARK, Associate Justice, and GOLDBERG and AINSWORTH, Circuit Judges.


GOLDBERG, Circuit Judge:

This case presents a challenge to the district court's intervention during jury deliberation in defendant's trial for violation of the Gun Control Act of 1968, 26 U.S.C. § 5861(d) and (i). While loathe to permit trial judge interference with jury responsibilities, we are careful to preserve the judge's flexibility lest he be no more than a robed mummy presiding at trial. Here we find that the trial judge acted as an active, alert judicial...

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