Efrid Brown and William J. Johnson, Jr. v. Frank O. Gunter, Etc.

COFFIN, Chief Judge.

Appellants, currently serving sentences for first degree murder, are before us appealing the lower court’s denial of their petition for writs of habeas corpus. Appellants challenge the constitutionality of a state trial judge’s permitting the jury to alter a verdict of not guilty that was delivered in open court.

The jury in this case reported verdicts of not guilty. The court recorded the verdicts and discharged the jury. The jurors left the courtroom. Within minutes one of the jurors reported to a court officer that the verdict was incorrect. The jury had not separated or…