2300 Restaurant, Inc. v. Cavell

QUINN, Associate Judge.

This case is here for the second time. The pertinent facts are fully set forth in Cavell v. 2300 Restaurant, Inc., D.C.Mun. App.1957, 134 A.2d 583. The only contention made on this appeal is that the court erred in not declaring a mistrial, or in the alternative in not requiring the jury to return to the jury room when the following incident occurred:

“At the conclusion of the trial the jury returned to the Courtroom and were asked by the Clerk in the presence of the Judge and Counsel if they had agreed upon a verdict. The foreman responded, ‘Yes.’ Upon the Clerk’s…