Richard T. Cook, Jr. And Vernon C. Hill v. United States

On oral argument for the first time, appellants urged that it was error per se for the trial court to elicit information from the jury as to its numerical standing. In the district court the two appellants were tried and convicted of rape in violation of 18 U.S.C. § 2031. The jury had retired at 12:10 P.M. on Wednesday, May 15, 1957. At 2:40 P.M. they returned to inquire whether they could bring in a verdict with a recommendation of mercy. At 5:10 P.M. they again returned to ask whether, if they made a recommendation, they could suggest a length of imprisonment. At 5:40 P.M. (still the same…