Opinion
No. 70-253
Decided May 19, 1971.
Criminal law — Trial procedure — Jury seeking additional instructions.
APPEAL from the Court of Appeals for Pike County.
Appellant was indicted for breaking and entering and grand larceny. During trial, and after the jury had retired to deliberate, the trial judge was asked by the jury whether the jury vote had to be unanimous and what the consequences were of the jury's failure to arrive at a verdict. The jury also told the court that they "would like to have Mr. Ross' [a witness] testimony." The court instructed the jury that the verdict had to be unanimous, but denied the other requests. The jury found appellant guilty, and he was sentenced to the Ohio State Reformatory.
The Court of Appeals affirmed, and the allowance of a motion for leave to appeal and an appeal as of right bring the cause to this court for review.
Appellant complains in this court of the trial court's refusal to give the requested testimony to the jury and to instruct them as to the consequences of their failure to reach a verdict.
Mr. James M. Drennen, prosecuting attorney, for appellee.
Mr. Charles L. Huddleston, Jr., for appellant.
The judgment of the Court of Appeals is affirmed for the reasons stated in the opinion of that court by Judge Stephenson. ( 26 Ohio App.2d 131.)
Judgment affirmed.
O'NEILL, C.J., SCHNEIDER, HERBERT, DUNCAN, CORRIGAN, STERN and LEACH, JJ., concur.