UNITED STATES v. BENAVIDES

No. 76-2539.

549 F.2d 392 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Roy V. BENAVIDES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 25, 1977.


Attorney(s) appearing for the Case

K. Wally Bowman, John W. Henvey, Dallas, Tex., for defendant-appellant.

Michael P. Carnes, U. S. Atty., Fort Worth, Tex., Judith A. Shepherd, Asst. U. S. Atty., Dallas, Tex., for plaintiff-appellee.

Before GODBOLD, SIMPSON and GEE, Circuit Judges.


GODBOLD, Circuit Judge:

Appellant was convicted by a jury of aiding and abetting the distribution of heroin. The conviction is reversed.

The jury retired for deliberations at approximately 11:30 a. m. Later, at a time not known, the jury sent this note to the judge:

At this time we have a 10 to 2 for guilty and cannot reach a verdict. (signed M. L. Wilson)

Neither appellant nor his counsel was notified of the note. Instead the court...

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