v3243-227

The court thn asked, "How does the jury stand?" The

answer was "eight to four". The court then said, "I

don't understand, gentlemen of the jury, why a verdict

has not been promptly rendered in this case. You may

retire to your chambers. I hope you will compose your

differences. There ought to be a verdict reached in

this case. Anything I can do to assist you, I will do

it."

Whereupon, the jury rerurned at 4:05 P.M

for further deliberation, and at 4:20 P.M., returned with

the verdict of not guilty on the first count and guilty

as charged on the second count of the indictment.

At page 564 of the opinion, the court

said;

"But there is more to the present

inquiry, for an affirmance of the Judgment herein

would sustain a conviction in a felony case, where

the judge told the jury, which was unable to agree,

that he could not understand why verdict was not

promptly rendered, and that in his opinion the case

then under deliberation was one where verdict ought

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archive.org Volume Name: govuscourtsca9briefs3243

Volume: http://archive.org/stream/govuscourtsca9briefs3243

Document Link: http://archive.org/stream/govuscourtsca9briefs3243#page/n226/mode/1up

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