Winston v. Davis

I agree fully with the dissent of Newton, J., but I also believe that there is an even more basic reason why the judgment herein cannot stand, and a new trial must be granted.

The majority handles the misconduct of jury issue in a very summary manner. Three of the jurors, after continuous discussion, could not agree with the majority vote. They were informed by the foreman, supposedly because he was so told by the bailiff, that the jury must arrive at a verdict. The three of them were unwilling to change their vote but because they had been told there could not be a hung jury, they agreed that…