Campbell v. State

Thompson, J., delivered the opinion of the Court. The judgment of conviction for armed robbery and 10 year sentence of Ronald Eugene Campbell, the appellant, after a jury trial in the Circuit Court for Washington County is affirmed. Since the contentions do not relate to the corpus delicti, it is unnecessary to state the facts. On appeal, appellant contends the trial court communicated with the jury in an improper fashion, thereby requiring reversal.

The first of the alleged improprieties occurred while the jury was deliberating, and the second after verdict, but while appellant’s motion for new trial was pending. No stenographic recording of these events was made. Pursuant to Md. Rule 1027, appellant moved to correct omissions in the record, and an order of this Court for the trial judge to certify the circumstances involved in the two incidents was issued. As to the communication during the jury’s deliberation, that portion of the certification states: “After being out one hour, the jury reported a deadlock.

The jury was advised that the case was an important and a serious one; that the de ⁶³⁹ fendant had been in jail since April and had requested a speedy trial, to which he was entitled, and the Court wanted them to take some more time. Thereafter, the jury returned to the courtroom and requested elucidation of some of the testimony. With the consent of the State, the counsel and the defendant, the court advised the jury the nature of the evidence requested. There was no objection on the part of anyone.

I then sent the jury to lunch, knowing that often verdicts are influenced because of empty stomachs and I wanted to be sure the defendant had a fair trial. Deliberations were resumed after lunch and a verdict was returned after the passage of about an hour. The jury was polled by counsel for defendant. There was no intimidation by word or conduct to force the jury into bringing in a verdict.

The entire deliberation was about two hours.” The same incident was discussed in the trial judge's memorandum opinion denying the motion for new trial, which counsel stipulated may be consulted as an appropriate source for what occurred at trial. In the memorandum opinion, the trial judge stated what happened in more detail: “What occurred was as follows: The jury retired at 11:50; at 12:50, jury reported to court, through Bailiff, that they were deadlocked and the jury was advised to take more time. Thereafter they came into the courtroom and requested elucidation of some testimony. By agreement of State, counsel and petitioner, the court advised jury as to the nature of the testimony.

There was no objection. I, thereafter, with the consent of defendant’s counsel and defendant, sent the jury to lunch. The jury returned from lunch and resumed their deliberations and after being out another hour, there was another re ⁶⁴⁰ port of deadlock. I told the bailiff to advise them to continue their deliberations, and within five minutes, I decided to bring in the jury and so advised the jury.

The Bailiff reported that the jury wanted another five minutes, which was given and shortly thereafter the jury returned with its verdict. When the jury was first brought into the courtroom advising they were deadlocked, I stated that the defendant had requested a speedy trial; that he had been in jail awaiting trial for a long period of time and was entitled, therefore, to have a determination of his case and that the jury should further deliberate. There was no objection to any of the procedures and I, in no way, did anything to intimidate or force the jury into bringing in a verdict.” As to the alleged impropriety between the