McClain v. State

Pope, Judge.

Defendant Willie Moses McClain was convicted of aggravated assault and aggravated battery upon his wife and appeals.

1. After deliberations, the jury returned to the courtroom and the foreman announced: “We, the members of the jury, have come to the conclusion, based on not having enough evidence that this case should be handled by another jury.” The trial judge stated he did not know what the jury meant and asked if the jury could not reach a verdict. The foreman stated, “Each time [we voted] it was a split decision.” The judge instructed the jury to deliberate further. The jury…