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UNITED STATES v. STEPHENS

No. 77-5381.

569 F.2d 1372 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Floyd STEPHENS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 24, 1978.

Attorney(s) appearing for the Case

John C. Rockett, Jr., Birmingham, Ala. (court-appointed), for defendant-appellant.

J. R. Brooks, U. S. Atty., Herbert H. Henry, Asst. U. S. Atty., Birmingham, Ala., for plaintiff-appellee.

Before HILL, RUBIN and VANCE, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge.

After a first trial that resulted in a mistrial because the jury was unable to reach a verdict, Charles Floyd Stephens was tried again and convicted by a jury of selling a motor vehicle, knowing it to have been stolen, in violation of 18 U.S.C. § 2313. His only defense in both trials was that he did not know that the vehicle had been stolen. After the jury had begun its deliberations in the second trial, one of the jurors asked...

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