BROWN v. GUNTER

No. 77-1172.

562 F.2d 122 (1977)

Efrid BROWN and William J. Johnson, Jr., Petitioners, Appellants, v. Frank O. GUNTER, etc., Respondent, Appellee.

United States Court of Appeals, First Circuit.

September 13, 1977.


Attorney(s) appearing for the Case

Efrid Brown and William J. Johnson, Jr., on brief pro se.

Francis X. Bellotti, Atty. Gen., Stephen B. Delinsky, Asst. Atty. Gen., Chief, Criminal Bureau, Boston, Mass., and Robert V. Greco, Asst. Atty. Gen., Criminal Division, Boston, Mass., on brief for respondent, appellee.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge.


COFFIN, Chief Judge.

Appellants, currently serving sentences for first degree murder, are before us appealing the lower court's denial of their petition for writs of habeas corpus. Appellants challenge the constitutionality of a state trial judge's permitting the jury to alter a verdict of not guilty that was delivered in open court.

The jury in this case reported verdicts of not guilty. The court recorded the verdicts and discharged the jury. The jurors left...

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