Jenkins v. United States, 380 U.S. 445 (1965)

Jenkins v. United States


No. 761


Argued April 1,1965
Decided April 5, 1965
380 U.S. 445

CERTIORARI TO THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT

Syllabus

After some deliberation on a two-count indictment, the jury sent a note to the trial judge advising that it was unable to arrive a a verdict "on both counts because of insufficient evidence." I n his response, the judge stated that the jury had to reach a decision. Thereafter, the petitioner was found guilty on one count.

Held: in its context and under all the circumstances of this case, the judge’s statement had a coercive effect on the jury, and therefore the conviction must be reversed.

117 U.S.App.D.C. 346, 330 F. 2d 220, reversed and remanded.