Commonwealth v. Jenkins

*737Wilkins, J.

We granted further appellate review in this case to consider the Commonwealth’s challenge to the Appeals Court’s determination in Commonwealth v. Jenkins, 34 Mass. App. Ct. 135, 144 (1993), that it was “unable to conclude- that unanimity [of the jury] was reached in accordance with the letter and the spirit of’ G. L. c. 234, § 34 (1992 ed.). As a guard against the coercion of a jury to reach a verdict, § 34 limits the circumstances under which a judge may require a jury to continue deliberations.2

If, after due and thorough deliberation, the jury twice advise the judge that they are…