State v. Johnson

PARKER, Judge.

In his first assignment of error, defendant contends the trial court erred during the charge to the jury by commenting on the effect of the failure of the jury to reach a verdict. We agree.

The jury in this case began deliberations at approximately 2:54 p.m. At approximately 5:35 p.m., the jury sent a note to the court which stated: “The jury is not able to reach a verdict. . . . The jury feels you should know that the vote is [e]leven to one [gjuilty as charged. [0]nly [t]en of us think you should know this.” The jury thereafter returned to the jury box, and the following…