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State v. Brandenburg

Decided: January 9, 1956.

THE STATE OF NEW JERSEY, PLAINTIFF,
v.
GRACE W. BRANDENBURG AND ANNE ROSENSTEIN, DEFENDANTS



Nimmo, J.c.c.

Nimmo

This matter comes before the court on motion by both defendants to delete from the trial book of the Hudson County Court the following entry, indexed as indictment 1113 of the 1950 term of court at page 200:

"* * * after discharge of the jury it was brought to the Court's attention that the verdict was not unanimous, the Court ordered the jury returned to the jury box and testimony by Court Officers Charles Gallagher and Eugene Ertle. After discussion by the Court, attorneys for the defendants and Assistant Prosecutor, the Court ordered jury to retire for further deliberation; they again came into Court and being polled by Court Clerk all appeared and say they cannot agree upon their verdicts and 'so say they all.' (Unanimous verdict)"

At the close of the trial and after summations and the charge of the court, the jury of ten women and two men retired to the jury room under escort of court officers at 3:30 P.M. on November 10, 1955. At 9:47 P.M. of the same day, having indicated to the court officers attending them of their desire to do so, they returned to court and occupied their places in the jury box. The clerk called the roll and inquired of them if they had agreed upon verdicts. The foreman responded for the jury as follows:

"The Clerk: Are your verdicts unanimous?

Juror Number 1: Yes, sir.

The Clerk: What are your verdicts?

Juror Number 1: Your Honor, the verdict is not guilty.

The Clerk: For both defendants?

Juror Number 1: We only decided on one verdict and it's not guilty.

The Clerk: Is that both defendants? There are two defendants.

Juror Number 1: Do you want two separate verdicts?

The Court: Well, who is not guilty?

Juror Number 1: Well, we only voted on one verdict for two ...


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