State v. Marks

Respondent, Floyd D. Marks, was charged by substitute information filed in superior court in Spokane County, with two counts of indecent liberties, committed on or about June 20, 1965, and August 24, 1965, on the person of a female child under the age of 15 years, to wit, 9 years of age. The original information had charged two counts of sodomy.

The trial began on May 16, 1966, and the case was submitted to the jury the following day. On May 18, 1966, the jury returned to the courtroom, and the foreman reported that, after having deliberated during the preceding 22 hours, the jury was unable…