State v. Dreessen

UHLENHOPP, Justice.

This appeal involves the effect upon the validity of a verdict of a communication by the trial court to the jury in the absence of the parties.

Charged with second-degree burglary, a felony under sections 713.1 and 713.3, The Code 1979, defendant Jack Louis Dreessen pleaded not guilty and stood trial. The jury retired to deliberate at 11:30 a. m. on February 14, 1980. At 4:10 p. m. that day, the jury forewoman sent the District Judge the following note:

This jury has been unable to reach a unanimous verdict.

The judge responded to the jury as follows, on the record:

Members of…