POTTER v. UNITED STATES

No. 82-1608.

691 F.2d 1275 (1982)

Gary Allen POTTER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 9, 1982.


Attorney(s) appearing for the Case

Roy Gean, III, argued, Gean, Gean & Gean, Fort Smith, Ark., for appellant.

W. Asa Hutchinson U.S. Atty., Larry R. McCord, Asst. U.S. Atty., Fort Smith, Ark., argued, for appellee.

Before LAY, Chief Judge, and McMILLIAN and JOHN R. GIBSON, Circuit Judges.


JOHN R. GIBSON, Circuit Judge.

The decisive issue in this appeal is whether the Allen charge coerced a minority of the jury. Gary Allen Potter was convicted of forcibly resisting, opposing, impeding, intimidating and interfering with a National Park Ranger engaged in the performance of his official duties, in violation of 18 U.S.C. § 111. The indictment followed an altercation near the Ranger Station in Buffalo National Park which resulted in a park ranger...

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