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UNITED STATES v. TAYLOR

No. 76-2715.

554 F.2d 200 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Alfred J. TAYLOR, Jr., a/k/a Red, and Joseph M. Dean, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 17, 1977.

Attorney(s) appearing for the Case

Birch McDonough (Court-appointed), New Orleans, La., for Taylor.

Harry A. Burglass, Metairie, La., for Dean.

Gerald J. Gallinghouse, U. S. Atty., Mary Williams Cazalas, Daniel A. Bent, Ronald A. Fonseca, Asst. U. S. Attys., New Orleans, La., for plaintiff-appellee.

Before MORGAN and RONEY, Circuit Judges, and KING, District Judge.

JAMES LAWRENCE KING, District Judge:

The appellants were convicted of conspiracy to possess with intent to distribute and distribution of a controlled substance. In this appeal, they assert six grounds for reversal. Finding merit in one, we reverse.

Prior to the selection of the jury, Mrs. Sevely, a prospective juror, requested excuse from jury duty. This request was denied, and she was subsequently selected to serve on the appellants' jury. The night of the...

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