Berger v. United States

PHILLIPS, Circuit Judge.

Berger was convicted and sentenced on three counts of an indictment which charged' violations of section 3, title 2 of the National' Prohibition Act, section 12, title 27 USCA,. afid has appealed.

After submission of the ease to the jury and after the jury had deliberated thereon for twenty-three hours, the following proceedings occurred:

“By the Court: Gentlemen of the jury, the bailiff told me that the foreman had stated to him to tell me you could not agree on a verdict. Was that authorized by the-jury?

“The Jury: Ves, sir.

“By the Court: Without interrogating-which way…