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94 Vt. 492

State v. Tanner

Supreme Court of Vermont

Decided November 13, 1920

Supreme Court of Vermont · decided 1920-11-13

<p> Charge as to Expense of Retrial. </p> <p>There was no error where, on the report of a disagreement by the jury in a criminal case, the trial court called the expense of a retrial and the delay consequent thereon to their attention only as a reason why they should give the evidence further consideration, and the jury manifestly so understood it.</p>

Cited by 1 later decisions — most recently June 1973

1 state decisions

Relies on State v. Gorham

Good law ✅— No negative treatment on recordhow we know

Decided 1920-11-13

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Watson, C. J.'

¶1When the jury reported a disagreement there was nothing said by the court of a nature to coerce an agreement, nor as to what their verdict should be. The expense of a retrial, and the delay consequent thereon, were called to their attention only as a reason why they should give the evidence further consideration. Manifestly the jury so understood it, for after retiring for such purpose they returned to the court room and requested that the testimony of two certain witnesses be read by the stenographic reporter; and, on hearing such testimony read, the jury again retired, soon thereafter returning a verdict of guilty. We see nothing in the action of the court, of an improper nature, nor to differentiate the casé from that of State v. Gorham, 67 Vt. 365, 31 Atl. 845.

¶2 Judgment that there teas no error in the proceedings, and that the respondent take nothing by his exception. Let execution be done.

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