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PEOPLE v. KINCAID

9 A.D.2d 954 (1959)

The People of the State of New York, Respondent, v. Ana-Rose Kincaid, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 31, 1959

Judgment reversed upon the law and the facts, and a new trial ordered.

While we do not think that it was improper for the learned Trial Judge to remonstrate with the jury, six hours after they had first retired, for possible obstinacy which might have prevented agreement by them up to that time, and to tell them that he would lock them up for the night if they did not reach an agreement, nevertheless the remarks and innuendoes...

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