Jordan v. United States

RUDKIN, Circuit Judge.

About 24 hours after the jury retired to consider of their verdict in this case, the court recalled them of its own motion and propounded the following question, among others:

“The Court: I am not’asking you for a division, Mr. Foreman; but I will ask you: Is the jury about evenly divided? You can answer that yes or no.

“The Foreman: Yes, sir.”

In Burton v. United States, 196 U. S. 283-305, 25 S. Ct. 243, 49 L. Ed. 482, the presiding judge asked the foreman how the jury was divided, stating that he did not desire to know how many stood for conviction, or how many stood for…