State v. MacLary

Lynch, Judge.

After the Jury in this case had been deliberating for over two and one-half hours, the Court was advised that its Foreman had a note to give to the Court. The Court called counsel to the Courtroom, together with the Jury. After opening the note and seeing its contents, the Court then gave the Jury the following supplementary charge:

“Let the record show, Mr. Reporter, that the defendant is present with counsel.

“Ladies and Gentlemen of the Jury: The Court has received a note signed by your Foreman stating that the jury cannot agree on a verdict.

“Now, let me caution you, while you…