Conboy
People v. Conboy
Opinion
Lead Opinion
Kerrigan, J.
The defendant was informed against for. the crime of murder. He was tried and convicted of manslaughter. Thereupon he moved for a new trial, which was denied, and he was thereupon sentenced to serve a term of seven years in the state prison. This appeal is prosecuted from the judgment.
After the jury had been deliberating upon their verdict for seven and one-half hours, they returned into court at 11:30 P. M. and requested further instructions. In complying with this request the trial judge concluded the charge with the following remarks: “Now, gentlemen, I think I have read to you about all the instructions you desire upon these points, and I suggest to you that there is no reason why twelve, honest, intelligent, reasonable men should not reach a conclusion in this ease, and I am surprised that you have not done so already. And I want to say to you that you should consider the evidence offered and admitted here and the law as given you by the court, and decide this- case upon that, and not upon any personal observation or relations or experience that any of you may have had. Now, go out and do your duty.”