UNITED STATES v. THOMPSON

Nos. 84-5028(L), 84-5029.

744 F.2d 1065 (1984)

UNITED STATES of America, Appellee, v. Dwayne THOMPSON, Appellant. UNITED STATES of America, Appellee, v. Betty Ruth THOMPSON, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 5, 1984.


Attorney(s) appearing for the Case

Edward F. Connors, III, Albert Henry Counts, Jr., Alexandria, Va. (R. Ramsey Maupin, Arlington, Va., and Christopher Beatley, Alexandria, Va., on brief), for appellants.

Justin Williams, Asst. U.S. Atty., Alexandria, Va. (Elsie L. Munsell, U.S. Atty., Thomas M. Buchanan, Asst. U.S. Atty., Alexandria, Va., on brief), for appellee.

Before PHILLIPS, MURNAGHAN and ERVIN, Circuit Judges.


ERVIN, Circuit Judge:

Betty Ruth Thompson and Dwayne Thompson were convicted of involuntary manslaughter in violation of 18 U.S.C. § 1112. On appeal the Thompsons contend they were denied a fair trial when one juror was equivocal about his ability to continue the trial with an open mind. Finding merit in this argument, we reverse.

I.

On December 11, 1982, Mrs. Thompson brought her four month old son...

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