People v. Jackson

Fein, J. (dissenting).

The majority opinion fairly states the facts. However, I disagree with the conclusion reached by the majority that the Trial Justice’s supplemental instructions were not overly coercive and otherwise prejudicial. Despite the absence of objection, I find the tenor of the instructions in response to questions posed by the jury to be so suggestive, coercive and prejudicial as to deprive defendant of his right to a fair trial. The conclusion of the majority and the trial court that this was a simple case was apparently not shared by the jury. Clearly, this jury was having…