UNITED STATES v. SMITH

No. 77-1264.

562 F.2d 619 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Bob Michael SMITH, a/k/a Robert Michael Smith, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Submitted August 9, 1977.


Attorney(s) appearing for the Case

Barry Albert, Oklahoma City, Okl., for defendant-appellant.

John E. Green, Acting U. S. Atty., Charles Lee Waters, Asst. U. S. Atty., Oklahoma City, Okl., for plaintiff-appellee.

Before LEWIS, Chief Judge, and HILL and SETH, Circuit Judges.


HILL, Circuit Judge.

Bob Michael Smith was convicted in a jury trial in the United States District Court for the Western District of Oklahoma for knowingly distributing the Schedule III controlled substance phencyclidine, in violation of 21 U.S.C. § 841(a)(1). The issues he raises on this appeal deal with proceedings after the jury returned into open court with the first of two verdicts rendered in this case.

After several hours' deliberation, the jury...

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