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UNITED STATES v. JELSMA

No. 80-1506.

630 F.2d 778 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Johnny Lee JELSMA a/k/a Lawrence a/k/a J. J., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided September 10, 1980.

Rehearing Denied October 27, 1980.

Attorney(s) appearing for the Case

Mac Oyler of Oyler, Smith & Bane, Oklahoma City, Okl. (Robert A. Jackson, Oklahoma City, Okl., with him on the briefs), for defendant-appellant.

Larry D. Patton, U. S. Atty., for W. D. Okl., and Susie Pritchett, Asst. U. S. Atty., Oklahoma City, Okl., for plaintiff-appellee.

Before SETH, Chief Judge, and HOLLOWAY and McKAY, Circuit Judges.

McKAY, Circuit Judge.

Section 1955 of Title 18, United States Code, defines "illegal gambling business" to include "five or more persons." During the poll of the jury at the trial of appellant and several other defendants, the jury foreman retracted his guilty vote for one defendant. Because the jury was not repolled to determine what effect, if any, the switch had on the guilty verdicts of appellant and other defendants, we reversed the judgments and remanded for...

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