v3243-221

"These instructions were taken literally from a

charge in a criminal case which was approved of by

the supreme court of Massachusetts in Com , v. Tuey ,

8 Cush. 1, and by the supreme court of Connecticut

in State v. Smith , 49 Conn. 376, 386. "

The instructions given here by the trial

court substantially covered all requirements of the Allen

case.

Appellant cited the case of Peterson v.

United States (CCA 9, 1914).

In that case, after the jury had been out

since Tuesday afternoon, and having come into court for

further instructions late on Friday, they again returned

into court about 11:00 o'clock Saturday morning, and re-

ported that they had agreed as to defendant Peterson, but

were unable to agree on the other two. Thereupon the

following statement was made to them in court:

" 'The court at this time declines to

receive a verdict as to one defendant. The case

should be finally disposed of as to all. This is,

am -.wm Unu - k a mm.*rw%A t~ V i 1 Trt tTW it A O A i T

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archive.org Volume Name: govuscourtsca9briefs3243

Volume: http://archive.org/stream/govuscourtsca9briefs3243

Document Link: http://archive.org/stream/govuscourtsca9briefs3243#page/n220/mode/1up

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