State v. Friend

Timothy S. Friend ("Defendant") appeals his conviction for the unclassified felony of first-degree statutory sodomy. See § 566.062, RSMo Cum. Supp. (2012). Defendant's sole point alleges the trial court abused its discretion in giving Instruction No. 9, the hammer instruction, after the jury indicated it was split "11 - 1" and could not come to a unanimous verdict because, in doing so, the trial court coerced the jury into reaching a guilty verdict. Finding no merit in this contention, we affirm the judgment.

Background

The State charged that Defendant had committed first-degree statutory…