State v. Lautzenheiser

OPINION

ZLAKET, Justice.

Defendant was charged with aggravated driving while under the influence of intoxicating liquor, a class five felony. His first trial ended with a hung jury on October 3, 1991. A second trial commenced December 30. The ease, was given to the jury at approximately 3:33 p.m. on December 31.

At 4:20 p.m., the jury foreman announced in open court that a guilty verdict had been reached. At defense counsel’s request, the jurors were polled, as follows:1

THE COURT: Members of the jury, you will each be asked a question by the Clerk. Please answer yes or no.

THE CLERK: J.G., is…