United States v. Bryan Wilson Taylor

SIMPSON, Circuit Judge:

Appellant, Bryan Wilson Taylor, was tried to a jury on a twenty-seven count indictment for violations of Title 18, U.S.C., Sec. 1341, the mail fraud statute. Sixteen counts were submitted to the jury. After deliberations began, but before a verdict was returned in open court, one juror suffered a heart attack and died shortly thereafter. The district judge satisfied herself that all twelve jurors had reached agreement on counts 7, 9 and 11 prior to the illness of the twelfth juror, and thereupon accepted a verdict of guilty on these counts over appellant’s objection and…