Brown v. State

In this appeal from a conviction in Superior Court1 for possession of marijuana, defendant argues that he was prejudiced by the Trial Court’s supplementary instruction to the jury.

I

Following a two-to-three hour trial, the jury retired but was unable to reach a verdict, after deliberating for 11/2 hours, and so informed the Court. Over defendant’s objection, based upon the lateness of the hour (4:30 P.M.), the Court recalled the jury and gave the following supplementary instruction:

“Members of the jury, I have a note from you which states “Hung jury. Positively will not reach a decision.

The…