Thompson v. State

Head, Justice.

Counsel for the defendant insist that the answer given by the trial judge to the question of the juror was highly prejudicial to the defendant, for the reason that the jury at that time was divided on the question of whether or not they would recommend mercy, and that, as a result of the court’s response to the question, the jury was illegally influenced against a recommendation. An examination of the record has convinced the writer that the contention of counsel as to the division of the jury is correct. Shortly after the recharge of the trial judge (which is the basis of the…