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Home / Opinions / Courts / Court of Appeals, Southern District / Criminal Law: Statutory Sodomy-Split Jury-Hammer Instruction

Criminal Law: Statutory Sodomy-Split Jury-Hammer Instruction

Defendant was charged with statutory sodomy. Following several hours of deliberation, the jury reported that it was split 11-1 and could not come to a unanimous verdict. The trial court granted the state’s request to provide the “hammer instruction” to the jury. Twenty minutes after receiving the instruction, the jury returned a unanimous guilty verdict. Where ...