People v. Graham

A jury convicted defendant of first degree robbery, first degree burglary, and rape. He was sentenced to prison for consecutive terms, and appeals from the judgment and the order denying his motion for new trial. He asserts error in the comments of the trial court to the jury.

The jury was instructed and retired at 1:57 p. m. At 2:08, the jury returned to ask for the written instructions. Upon stipulation, they were handed to the foreman and the jury again retired at 2:11. At 5:08 p. m., the jury returned. The foreman said “We were discussing the degree ... We were interested in ... the…