Sidbury v. State

BATTAGLIA, Judge.

In the present case, involving a first degree murder conviction, we are called upon to address one question on certiorari, that being:

Did the trial court err in failing to appropriately respond to the jury question: “Judge, if the jury is hung on the degree of murder “first or second,” will the defendant go free?”

Sidbury v. State, 410 Md. 559, 979 A.2d 707 (2009). We shall hold that the Circuit Court judge did not abuse his discretion in responding, “[tjhat’s not an issue for you to concern yourselves with,” because the consequences of a hung jury are not a proper…