U.S. v. PENNUE

No. 13-2156.

770 F.3d 985 (2014)

UNITED STATES of America, Appellee, v. Alvin PENNUE, Defendant, Appellant.

United States Court of Appeals, First Circuit.

November 5, 2014.


Attorney(s) appearing for the Case

Syrie D. Fried for appellant.

Donald C. Lockhart , Assistant United States Attorney, with whom Peter F. Neronha , United States Attorney, was on brief, for appellee.

Before LYNCH, Chief Judge, SELYA and BARRON, Circuit Judges.


SELYA, Circuit Judge.

As long as human beings rather than computers preside over jury trials, slips of the tongue will occur. But not every such lapsus linguae requires setting aside a jury verdict. In this case, the trial judge's slip of the tongue during jury instructions elicited no objection and, when considered in the context of the jury instructions as a whole, was highly unlikely to have muddled the jury's understanding of the judge's charge. Because we find...

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