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To: Toespi

A question just occurred to me.

Can the jury deadlock on manslaughter, but go not guilty on murder 2?

So that a retrial could only be for manslaughter? With M2 off the table? Or is a mistrial a mistrial with everything open again?


1,394 posted on 07/13/2013 2:56:38 PM PDT by RugerMini14
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To: RugerMini14

The key is, if no verdict can be reached. No verdict on guilty/not guilty as to both counts means hung.

Disregarding greater count of murder2, going to deliberation on manslaughter, would mean either they all agree not guilty on murder2 or can’t reach a verdict on it.

A verdict means, all six have agreed on something. Either murder2, manslaughter, or not guilty period. Of course you can’t be found guilty on two counts. They’re considered seperately. But of course you can be found not guilty on both counts and that is an aquittal.

In any subsequent retrial I would have to know more about that before commenting...


1,476 posted on 07/13/2013 3:08:05 PM PDT by txrangerette ("...hold to the truth; speak without fear". - Glenn Beck)
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