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UNITED STATES v. PRYOR

January 10, 1984

UNITED STATES OF AMERICA, Plaintiff, against SARAH PRYOR Defendant.


The opinion of the court was delivered by: OWEN

OPINION AND ORDER

OWEN, District Judge

 Sarah Pryor moves for a dismissal of the indictment on the ground of double jeopardy. Miss Pryor, a United States post office window clerk, was tried before Chief Judge Motley and a jury over one and one-half days in August, 1983 on criminal charges of shortages of $12,000 in her stamp and cash accounts, 18 U.S.C. 643. The jury began its deliberations at 4:05 p.m. on the second day of the trial and recessed at 6:30 p.m. It continued deliberating at 10:00 a.m. the next morning, a Friday. At 1:50 p.m. it delivered a note to the Judge announcing a complete deadlock. The Judge, however, directed the jury to continue deliberating. It did, requesting and receiving further instructions, and had testimony read to it. Thereafter, at 5:50 p.m., the jury sent a note reading:

 We would like a written copy of the Judge's instructions of the law pertaining to the first count of the indictment.

 The Court, thereupon had the jury return to the courtroom and the following occurred:

 THE COURT: Ladies and Gentlemen, I have your latest note which has been marked Court Exhibit 9, which reads as follows:

 We would like a written copy of the Judge's instructions of the law pertaining to the first count of the indictment.

 With respect to that, I don't have what we call a clean copy that I can send in to you, I have written it out but some of it is in my own handwriting, other portions are stricken, and I don't know that you could follow it, because I have also interjected things as I have gone along. I can re-read it to you or have the reporter re-read it.

 But before proceeding to do that, I would like to ask the foremen two question.

 Mr. Foreman, the answer to the question is yes or no, without any further explanation, do you understand?

 THE FOREMAN: Yes,

 THE COURT: The first question is: Has the jury been able to reach a unanimous verdict as to any one of the counts in the indictment?

 THE FOREMAN: No.

 THE COURT: Do you think that with further time, the jury would be able to reach a unanimous ...


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