BURRUP ET AL.

v.

UNITED STATES

Citator

Cited By

• United States v. Thomas, 449 F.2d 1177 (D.C. Cir. 1971)
  …ge are weakened when the charge is given as part of the court’s original instructions, rather than later after a jury has reported disagreement, (at 736, 445 F. 2d 735). See also Burrup v. United States, 371 F. 2d 556, 558 (10th Cir.), cert. denied, 386 U.S. 1034, 87 S.Ct. 1485, 18 L.Ed.2d 596 (1967); United States v. Wynn, 415 F. 2d 135, 137 (10th Cir. 1969), cert. denied, 397 U.S. 994, 90 S.Ct. 1133, 25 L.Ed.2d 402 (1970). That observation is pertinent here where the language of the Allen charge appeared i…
• United States v. Waymon Austin Wynn, 415 F.2d 135 (10th Cir. 1969)
  …uide and assist the jury toward a fair and impartial verdict”, provided they are “given to understand they are not required to give up their conscientiously held convictions.” See Burrup v. United States, 371 F. 2d 556, 558 (10th Cir.), cert. denied 386 U.S. 1034, 87 S.Ct. 1485, 18 L.Ed.2d 596. But we have repeatedly suggested that the substance of this charge should be included in the original instructions.1 Indeed, since our decision in United States v. Winn, supra, the Third Circuit has outlawed this typ…
• Eugene v. Hensley, 406 F.2d 481 (10th Cir. 1968)
  …uate this court’s decisions pertaining to the “Allen” charge, here given in rather a mild form. We see no need to so do and adhere to our views as last expressed by Chief Judge Murrah in Burrup v. United States, 10 Cir., 371 F. 2d 556, cert. denied, 386 U.S. 1034, 87 S.Ct. 1485, 18 L.Ed.2d 596. Nor does the contention that the court erred in failing to give evidentiary instructions have merit. Although both parties submitted proposed evidentiary instructions no objection was taken when the requests were deni…