Kesley v. United States

SIBLEY, District Judge.

Sam Kesley appeals from a conviction for ■unlawfully transporting intoxicating liquors. The only serious question concerns the extent to which the judge may go in dealing with a “hung jury.” The judge, in his formal charge, had said: “If the evidence convinces you beyond a reasonable doubt that this defendant transported intoxicating liquors in the manner charged in the indictment, you are bound under your oaths as jurors to convict him, regardless of any preconceived views you may entertain as to the wisdom of the Prohibition laws. On the other hand, you should not let…