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ROGERS v. UNITED STATES

Nos. 79-1288, 79-1322.

609 F.2d 1315 (1979)

Cleeta John ROGERS, Defendant-Appellant, v. UNITED STATES of America, Plaintiff-Appellee. Cecil BATEMAN, Defendant-Appellant, v. UNITED STATES of America, Plaintiff-Appellee.

United States Court of Appeals, Ninth Circuit.

December 21, 1979.

Attorney(s) appearing for the Case

Gary F. Duckworth, Berger, Wells, Duckworth & Coyle, Oklahoma City, Okl., argued for defendants-appellants; Raymond Burger, Burger, Wells, Duckworth & Coyle, Oklahoma City, Okl., on the brief.

Morton Sitver, Asst. U. S. Atty., Phoenix, Ariz., argued for the U. S.; Joseph Raymond Keilp, Asst. U. S. Atty., Phoenix, Ariz., on the brief.

Before TRASK and GOODWIN, Circuit Judges, and LARSON, District Judge.

LARSON, District Judge.

Appellants were tried together on charges of mail and wire fraud. After three days of trial, the jury retired to deliberate. On the fourth day of deliberation, the jury returned a verdict of guilty as to appellant Bateman, but stated it was unable to reach a verdict as to appellant Rogers. The judge gave the jury an Allen charge, asked them to return to further deliberation, and stated to the parties that if the jury could not reach...

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