People v. Hampton

I would modify the order appealed from to the extent of directing a new trial rather than a verdict of not guilty as to defendant Hampton. The court had charged the jury that if the jury found that either defendant did not act in concert with the other then the jury must acquit both defendants. While I have considerable doubt as to the correctness of the court’s instructions, as the jury verdict (finding the codefendant Coley not guilty and defendant Hampton guilty) was clearly contrary to the Judge’s instructions, I think the verdict of guilty as to defendant Hampton was properly set aside.…