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NEED FAST HELP! What if: Two indictments in Trial and verdict on only one?

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May 12, 2005, 14:47
Michael W. Mitchell
NEED FAST HELP! What if: Two indictments in Trial and verdict on only one?
I have a trial, and I agreed to try both cases to the jury at the same time. Agg Assault on a Public Servant. Two seperate officers. Facts: Def driving his car directly at officers.

Jury has indicated they have reached a unanimous decision in one cause, and deadlocked on other. We just sent in an allen charge? Can we accept one verdict?
May 12, 2005, 17:45
LT
I'm not at my desk so I don't have caselaw handy but check Ward v. State. It's an aggravated perjury case out of Bowie County.
We had 2 counts and the jury convicted of one and acquitted of the other. There's a lot of language in the opinion about inconsistent verdicts and how counts are independent of each other. It may not be exactly on point, but it may point you in the right direction.