Lowe v. People

Opinion by

William M. Ela, District Judge. *

Defendants Lowe and White were tried before a jury and convicted of second-degree burglary and larceny of goods of value over $100. The issue we consider on appeal is whether there was improper coercion of the jury by the comments of the trial judge. The jury had deliberated four hours when the jury was brought into the courtroom. The following dialogue occurred between the jury foreman and the judge:

“BY THE COURT: Mr. Wood, the bailiff reports that you are deadlocked.

“BY MR. WOOD: That is true, sir.

“BY THE COURT: Do you feel you are hopelessly…