People v. Lovely

Opinion

JEFFERSON, J.

Defendant was charged with assault with a deadly weapon, in violation of section 245 of the Penal Code. On January 20, 1970, a jury trial commenced. At the close of the trial, during the jury’s deliberation, the jury at its request was returned to the jury box for the reading of one witness’ testimony and for the re-reading of jury instructions. The jury was then retired for further deliberation. On January 23 the jury sent a note to the court stating they were a “hung jury.” The court ordered the jury returned to the jury box and inquired whether or not it was a hung…