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UNITED STATES v. SHEPHERD

No. 77-1130.

576 F.2d 719 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Ronald W. SHEPHERD, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 8, 1978.

Rehearing Denied June 15 and July 6, 1978.

Attorney(s) appearing for the Case

Stephen L. Trueblood, Terre Haute, Ind., Ronald E. Hahn, Chicago, Ill., Norman L. Lowery, Terre Haute, Ind., for defendant-appellant.

Bradley L. Williams, Asst. U. S. Atty., Indianapolis, Ind., for plaintiff-appellee.

Before FAIRCHILD, Chief Judge, TONE, Circuit Judge, and CAMPBELL, Senior District Judge.

TONE, Circuit Judge.

Ronald W. Shepherd was one of four prisoners serving sentences in the federal penitentiary at Terre Haute, Indiana, who were tried before a jury under an indictment charging that they murdered a fellow prisoner in violation of 18 U.S.C. § 1111. The jury found Shepherd and two other defendants guilty and the fourth not guilty. After the foreman had announced these verdicts but before the jury was polled, the judge made certain remarks in the...

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