People v. Lovato

Opinion by

MR. JUSTICE GROVES.

The defendant was found guilty of attempted burglary in the second degree. 1967 Perm. Supp., C.R.S. 1963, 40-25-1 and 40-3-5(2). We affirm.

The jury retired to deliberate the case during.the afternoon of June 24, 1970. At approximately 11:00 a.m. the following morning, the foreman of the jury sent a note to the court, which read as follows:

“We, the jury, have reached an inpast (sic) upon the verdict and cannot in all good conscience be alligned (sic) into the same decision

“To alter this inpast (sic) for a sake of an unanimous decision could amount to intimidation…