Thornton v. State

Banke, Judge.

The defendant was convicted of violating the Georgia Controlled Substances Act. He appeals the denial of his motion for new trial.

After deliberating approximately two hours, the jury returned to the courtroom, and the foreman told the judge that the jury was unable to reach a verdict. The judge inquired as to their numerical division, and the foreman replied that they stood 11:1. The judge ordered a luncheon recess and instructed the jury to resume its deliberations at 2 p.m. Defense counsel then asked the court’s per-, mission to present a motion before the jury resumed its…