Gilbert v. State

The defendant was charged with assault with intent to murder, and convicted of assault and battery, and excepts to the overruling of his motion for a new trial. 1. The only special ground of the motion for a new trial alleges that when the jury (which had been out less than an hour) came in and announced that they could not agree, the trial judge said: “Well, gentlemen, you might as well — get any messages you want to send home to anybody — you had better do it now while you are in here. Some jury has got to pass on this ease. Without flattery, I don’t know of a better jury to pass on the…