U.S. v. ARPAN

No. 87-5466.

861 F.2d 1073 (1988)

UNITED STATES, Appellant, v. Kenneth ARPAN, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 21, 1988.


Attorney(s) appearing for the Case

Al Arendt, Pierre, S.D., for appellant.

Robert A. Mandel, Rapid City, S.D., for appellee.

Before LAY, Chief Judge, BROWN Senior Circuit Judge, and BEAM, Circuit Judge.


JOHN R. BROWN, Circuit Judge.

The real question in this case is whether a Federal Court by instructing the jury that its verdict must be unanimous can deprive a defendant of the possibility of a mistrial from a hung jury. It arises in this appeal from a jury verdict convicting Kenneth Arpan of four counts of embezzlement and theft from an Indian tribal organization in violation of 18 U.S.C. § 1163. Arpan's sole argument on appeal stems from alleged error in the...

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