Commonwealth v. Nelson

DEL SOLE, Judge:

In this appeal, only one issue is raised for review. Appellant claims that the trial court erred in admonishing a juror who arrived late to resume deliberations, and followed that admonition with an improper charge. The facts giving rise to this question are reflected in the record for the proceedings of November 22,1994. They are:

THE COURT: I brought you back here because I want to give you one additional charge at this time, insofar as we are now in the third day of deliberations.

First, Juror No. 3, you were to be here at 9:15 this morning. I don’t know where you were, but…