REMMER v. UNITED STATES

No. 13281.

222 F.2d 720 (1955)

Elmer F. REMMER, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

May 23, 1955.


Attorney(s) appearing for the Case

Gillen & Golden, San Francisco, Cal., Lohse & Fry, Reno, Nev., Spurgeon Avakian, Oakland, Cal., for appellant.

H. Brian Holland, Asst. Atty. Gen., Ellis N. Slack, John H. Mitchell, Joseph M. Howard, Joseph F. Goetten, Dickinson Thatcher, Sp. Assts. to Atty. Gen., Madison B. Graves, U. S. Atty., for appellee.

Before MATHEWS, STEPHENS and ORR, Circuit Judges.


PER CURIAM.

In this case, a judgment of the District Court was affirmed by us on May 28, 1953.1 The Supreme Court granted certiorari2 and on March 8, 1954, vacated our decision and remanded the case to the District Court3 with directions to hold a hearing to determine whether an incident which occurred during the trial and was reported to the District Court by a juror

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