United States v. Furlong

LINDLEY, Circuit Judge.

Defendants appeal from judgments entered upon a jury’s verdicts of guilty upon Counts 1, 2 and 6 of an indictment charging them with impersonation of federal officers in violation of Section 912, Title 18 U.S.C. The issue presented to us is whether the trial judge erred in giving a supplemental instruction to the jury and in refusing to consider the affidavit of a juror in support of defendants’ amended motion for a new trial.

The case went to the jury at 11:30 a. m. At 2:30 p. m. the foreman advised the court that a hopeless deadlock existed. The court, after advising…