State v. Rusher

WATHEN, Justice.

Defendant appeals from a judgment of the Superior Court (York County) convicting him of reckless conduct with the use of a dangerous weapon. 17-A M.R.S.A. §§ 211 and 1252(4) (1983). Defendant does not include among his numerous claims of trial error any challenge to the Superior Court’s refusal to grant a mistrial after the jury reported it was unable to agree on a verdict. We conclude, nevertheless, that the court’s instructions to the deadlocked jury are coercive and that the refusal to grant defendant’s motion for mistrial constitutes manifest error requiring the judgment…