United States v. Carlton Ellis Allison

This Dyer Act ease was remanded to the district court for a limited posLtrial hearing to determine whether there is a reasonable possibility that the presence of the alternate juror during the jury’s deliberations affected the jury’s verdict. The factual circumstances requiring the remand order and the directions given to the district court for an evidentiary hearing appear in our prior opinion, United States v. Allison, etc., 5 Cir. 1973, 481 F.2d 468.

The trial judge has conducted an evi-dentiary hearing, the transcript thereof and the court’s findings and conclusions have been certified to…