COMMONWEALTH v. WINBUSH


14 Mass. App. Ct. 680 (1982)

442 N.E.2d 416

COMMONWEALTH vs. DEREK A. WINBUSH.

Appeals Court of Massachusetts, Suffolk.

November 22, 1982.


Attorney(s) appearing for the Case

Arnold R. Rosenfeld for the defendant.

Muriel Ann Finnegan, Assistant District Attorney(Edward M. Burns, Assistant District Attorney, with her) for the Commonwealth.

Present: BROWN, GREANEY, & DREBEN, JJ.


GREANEY, J.

Winbush, convicted of assault and battery by means of a dangerous weapon and unlawfully carrying a handgun, contends that the trial judge coerced the jury into reaching a verdict in violation of G.L.c. 234, § 34. That statute provides as follows: "If a jury, after due and thorough deliberation, return to court without having agreed on a verdict, the court may state anew the evidence or any part thereof, explain to them anew the law applicable to the...

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