People v. Gregory Turner

Levin, J .

The defendant appeals his conviction of armed robbery. MCLA 750.529, MSA 28.797.

After the jurors retired to consider their verdict they returned and the foreman asked that the testimony of the victim and of the only other eyewitness be read back to them. The judge refused the request saying that the trial had lasted but one day — the jurors were deliberating on the following day — and he did not think the request was justified. The jurors again retired to consider their verdict.

Later they reported that they were unable to agree on a verdict and stood nine or ten for con viotion. In…