Clayton Butler v. United States

This case, as does Cook v. United States, 5 Cir., 254 F.2d 871, concerns the effect of a district judge inquiring of the jury as to its numerical standing. After having been out for about forty-five minutes, the jury was recalled to the courtroom for the purpose of making arrangements for lunch, and the court inquired of the jury: “Let me ask you all something; have you about reached an agreement or not? The foreman replied: “We are about as far apart as we were when we started.” The court then stated: “Well, now don’t tell me how the jury stand, that is, don’t tell me which way they stand,…