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THOMAS v. U.S.

No. 85-328.

544 A.2d 1260 (1988)

William THOMAS, Jr., Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided August 11, 1988.

Attorney(s) appearing for the Case

Gregory Burr Macaulay, Washington, D.C., appointed by the court, for appellant.

Robert A. Feitel, Asst. U.S. Atty., with whom Joseph E. diGenova, U.S. Atty. at the time the brief was filed, and Michael W. Farrell, Mary Ellen Abrecht, and Thomas E. Zeno, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before FERREN, BELSON and ROGERS, Associate Judges.

BELSON, Associate Judge:

This appeal presents a novel question concerning a trial judge's authority to direct a jury to resume its deliberations. Immediately after the foreperson had announced findings of not guilty as to three counts, and guilty as to one, but before any verdict was recorded, counsel for defendant asked, without limitation, for a poll of the jury. The responses of the first two jurors polled revealed confusion with respect to the verdict on the count...

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