United States v. Carless Russell Barnhill

SHACKELFORD MILLER, Jr., Chief Judge.

Appellant was found guilty by a jury under a single count indictment charging possession of whiskey in unstamped containers, in violation of Sections 5205 (a) (2) and 5604(a) (1), Title 26 United States Code. He received a sentence of a year and a day. His motion for a new trial was overruled and this appeal followed.

He complains first of a supplemental instruction given by the District Judge to the jury under the following circumstances. The jury retired to consider its verdict at 12:34 P.M. on Friday, October 28. It returned to the courtroom at 1:05 P.M.…