v3243-203

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teme t the jury room door, end that they continued

their deliberations for severel hours, end finelly

reeched e verdict of guilty.

Thomas C. Howser, the beiliff, testified

thet there were two communications, one occurring at

ebout 9:00 P.M., when the foremen came down from the

jury room, knocked on the door, which he opened, and

handed hi. a piece of paper which he delivered to the

judge. He said he was told by the judge to tell them

that they were to remember the instructions as they

were given to them during the course of the trial.

(Tr. 13-14) .

He then told the foreman of the jury that

they were to continue their del iberet ions. (Tr. 13).

He then testified (Tr. 13-17) leter, the

foreman knocked on the door end eeid, "Well, we're

hopelessly deadlocked, there's not a possibility of

our reaching a verdict, you might as well let us go

home." (Tr. 17). This message was received et

epproximetely 11:00 P.M. He communicated .eid message


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