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UNITED STATES v. HOTZ

No. 80-1005.

620 F.2d 5 (1980)

UNITED STATES of America, Appellee, v. Helenmary HOTZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided May 2, 1980.

As Amended May 5, 1980.

Attorney(s) appearing for the Case

Willie J. Davis, Boston, Mass., for defendant, appellant.

John W. Laymon, Asst. U. S. Atty., Boston, Mass., with whom Edward F. Harrington, U. S. Atty., Boston, Mass., was on brief, for appellee.

Before COFFIN, Chief Judge, ALDRICH and BOWNES, Circuit Judges.

ALDRICH, Senior Circuit Judge.

Helenmary Hotz was indicted for unlawful possession of stolen mail (an unemployment check) under 18 U.S.C. § 1708. At the trial a government expert testified that the endorsement on the check was in defendant's handwriting. An expert called by defendant testified to having doubts on this score. The jury commenced deliberating at about two o'clock. At 6:15 the court discharged it because of failure to agree. Defendant noted her objection...

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