People v. Gunn

Following a jury trial, the defendant, James H. Gunn, was convicted of two counts of perjury (Ill. Rev. Stat. 1991, ch. 38, par. 32—2). He was subsequently sentenced to a 42-month prison term. The sole question on review is whether the trial court erred in not declaring a mistrial when one of the polled jurors, who may have been in tears, answered in the negative when asked whether the verdict was his.

The record shows that a guilty verdict signed by all the jurors was returned by the jury. After the verdict was read, the defendant requested that the jury be polled. The following exchange then…