People v. Josey

The judgment of conviction, although warranted by the evidence, must be reversed since we are constrained to find coercive the trial court’s remarks and instructions to the jury when it reported a failure to agree upon a verdict. The jurors commenced their deliberations at 11:00 A.M., continued them after going out for lunch and at 5:40 p.m. reported that they could not agree, The trial epurt then, quite properly, instructed them that it was their *661“ duty to agree upon a verdict, if that can be done without a violation of your conscientious convictions.” The jury again retired, later went out…