Rhodes v. State

David Newbern, Justice.

We must reverse this capital felony murder conviction because of the equivocation of a juror, upon being polled, as to his verdict. We will discuss the appellant’s other points only to the extent it is necessary to avoid error if the case is retried.

1. The undecided juror

At the conclusion of the trial, the appellant’s counsel asked that the jurors be polled as to their verdict of guilty. When the court inquired of juror Washington, the following occurred:

Court: Mr. Washington, is this your verdict?

Mr. Washington: It is, with a question.

Court: Sir?

Mr. Washington: It is,…