Smith v. United States

TERRY, Associate Judge:

Appellant was convicted of distributing heroin, in violation of D.C.Code § 33-541(a)(l) (1987 Supp.). During its deliberations the jury sent the trial court two notes that revealed the number of jurors who favored conviction. After receiving the second of these notes, which disclosed that eleven jurors were in favor of conviction and one was in favor of acquittal, the trial court gave a Winters anti-deadlock instruction.1 Appellant contends that under these circumstances the Winters instruction was coercive. We agree and reverse.

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The government’s evidence showed that…