Commonwealth v. Winbush

Winbush, convicted of assault and battery by means of a dangerous weapon and unlawfully carrying a handgun, contends that the trial judge coerced the jury into reaching a verdict in violation of G. L. c. 234, § 34. That statute provides as follows: “If a jury, after due and thorough deliberation, return to court without having agreed on a verdict, the court may state anew the evidence or any part thereof, explain to them anew the law applicable to the case and send them out for further deliberation; but if they return a second time without having agreed on a verdict, they shall not be sent…