People v. Cook

Opinion

BIRD, C. J.

After a jury has deliberated and failed to agree upon a verdict, may the trial court comment on the evidence and express its opinion regarding the guilt or innocence of the accused?

I

Appellant was convicted by a jury of preventing or dissuading a witness from attending a trial by means of force or threats of unlawful injury. (Former Pen. Code, § 136, subd. (b).)1

The prosecution’s case against appellant consisted primarily of the testimony of Clemie McManus and her 10-year-old daughter, Jaine. McManus had known appellant, his brother Randy, and other members of the Cook family…