UNITED STATES v. SEAWELL

No. 77-3076.

583 F.2d 416 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Glenn Dale SEAWELL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied September 27, 1978.

Certiorari Denied November 27, 1978.


Attorney(s) appearing for the Case

Anne Flower Cumings (argued), of Cumings, Jordan & Morgan, San Francisco, Cal., for defendant-appellant.

Eb. Luckel, Jr., Asst. U. S. Atty. (argued), San Francisco, Cal., for plaintiff-appellee.

Before ANDERSON and HUG, Circuit Judges and MUECKE, District Judge.


Rehearing and Rehearing En Banc Denied September 27, 1978.

Certiorari Denied November 27, 1978. See 99 S.Ct. 591.

MUECKE, District Judge.

This is a straightforward attack on the giving of an Allen instruction, with the sole claim of error that such a charge has inherent constitutional defects and therefore should be abolished as a matter of judicial policy.

The appeal in this case arises out of a retrial and second conviction of appellant...

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