UNITED STATES v. SEAWELL

No. 76-1369.

550 F.2d 1159 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Glenn Dale SEAWELL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied March 21, 1977.


Attorney(s) appearing for the Case

Anne Flower Cumings (argued), of Cumings & Jordan, San Francisco, Cal., for defendant-appellant.

Larry Edelman, Asst. U.S. Atty. (argued), San Francisco, Cal., for plaintiff-appellee.

Before MERRILL and WRIGHT, Circuit Judges, and PALMIERI, District Judge.


Rehearing and Rehearing En Banc Denied March 21, 1977.

MERRILL, Circuit Judge:

The question presented is whether the giving of a second modified Allen charge,1 in response to a jury's report of deadlock, has such coercive implications that it should, as a sound rule of practice, be prohibited. We conclude that it has.

Seawell was convicted for armed bank robbery and the use of a firearm in its commission. He was...

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