UNITED STATES v. BARRY

No. 1083, Docket 75-1060.

518 F.2d 342 (1975)

UNITED STATES of America, Appellee, v. Richard BARRY, Appellant.

United States Court of Appeals, Second Circuit.

Decided June 18, 1975.


Attorney(s) appearing for the Case

Richard M. Rittenband, West Hartford, Conn., for appellant.

Michael Hartmere, Asst. U. S. Atty., D. Conn. (Peter C. Dorsey, U. S. Atty., for D. Conn., on the brief), for appellee.

Before KAUFMAN, Chief Judge, and SMITH and ANDERSON, Circuit Judges.


IRVING R. KAUFMAN, Chief Judge:

Although jurors are far less sensitive than computers to nuances in instruction, an erroneous charge by a trial judge may affect the jury in unaccountable ways and, in some instances, a defendant may be deprived of vital procedural safeguards. Exactly what transpired in the jury room where Barry's peers found him guilty of conspiring to distribute amphetamines will never be known. But the district court's failure to charge the jury...

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