v3243-215

,f 'verdict. Juries should not be obstinate. They

should be open minded. They should listen to the

arguments of others and talk matters over fully

and fairly and freely and make an honest effort,

as fairminded men, to come to a proper conclusion.

"'Now that is all I have to say further

unless any of you gentlemen have any questions

that you want to ask. Is there any questions any

of the jurors want to ask?"

Thus, the appellate court properly held

that it was error not to give the entire "Allen" charge

under those circumstances.

In the case of Little v. United States ,

(CCA 10, 1934), 78 F.2d 861, cited by appellant, the

error was in the court's sending his stenographer to

the jury room to reed the additional instructions.

In the case of Gome la v. United States

(CCA 5, 1944), 146 F.2d 372, cited by appellant, the

jury, after several hours of deliberation, returned

into open court and the foreman asked the court if he

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