v3243-225

"'and honest have found that there i; if seven are

for conviction the five should equally seriously

inquire whether there is a reasonable doubt of

the guilt of the defendants when seven of their

fellows of equal intelligence and honest find

there is no doubt. After three days spend in the

trial of this case, with no reason to believe that

it can be any better tried before another jury.

the court is disposed to direct you to further

consider the case, believing that you can honestly

come to an agreement. 1 "

This was declared error. Obviously it

is not in point with the instant case.

Appellant cited the case of Quong Duck v.

United States, (CCA 9, 1923), 293 F. 563, erroneously

citea La index to opening brief, and at page 28, as 293

F.2d 5JJ.

After the jury had received the case,

they returned to the courtroom, whereupon the court asked

if the tiad agreed upon a verdict. The answer was negative

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archive.org Volume Name: govuscourtsca9briefs3243

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