State v. Johnson

Defendants were jointly tried on separate indictments, each charging two counts of first degree robbery, ORS 164.415, and one count of second degree robbery, ORS 164.405. ① The court granted defendants’ motion of acquittal as to Count II (first degree robbery) of each, indictment and submitted Count I (first degree) and Count III (second degree) of each to the jury.

After 15 hours of deliberation, the jury reported that it was deadlocked, and that the vote stood 9 jurors for acquittal and 3 for conviction. Supplemental instructions were given concerning the state’s burden of proof, the meaning…