Commonwealth v. DiBenedetto

*682 As a general rule, evidence of a jury's internal thought processes cannot be used to impeach a verdict. In this appeal, we consider whether this rule applies when the judge learns, after a guilty verdict has been affirmed and recorded, that the jurors *154 misunderstood the unanimity instruction and convicted the defendant by a vote of four to two. Concluding that the rule does apply -- and that the judge should have accepted the original verdict instead of sending the jurors out to continue deliberations, resulting in a second guilty verdict -- we affirm the defendant's conviction in the…