39 Conn. App. 810 | Conn. App. Ct. | 1995
The defendant appeals from the judgment of conviction, rendered after a jury trial, of attempted robbeiy in the third degree in violation of General Statutes §§ 53a-49 and 53a-136, attempted larceny in the second degree in violation of General Statutes §§ 53a-49 and 53a-123, and assault in the third degree in violation of General Statutes § 53a-61. The defendant claims that it was improper for the trial court to give the jury a second “Chip Smith” charge.
The jury could reasonably have found the following facts. On the evening of January 20, 1993, the victim walked home from his place of employment in New Haven. When the victim reached his driveway, the defendant pushed him down from behind, searched his pockets and demanded money. The victim responded that he did not have any money. The defendant punched the victim in the face two or three times. The victim
The defendant’s trial began on Wednesday, September 29, 1993. The jury commenced deliberations on Friday, October 1, at 2:05 p.m. At 4:25 p.m. on that day, the jury reported that they could not reach a verdict. At that time, the trial court brought the jury into the courtroom and delivered to the jury a Chip Smith charge. The defendant did not object to either the delivery of the charge or its content. The jury resumed deliberations at 4:30 p.m. At 5 p.m., the trial court excused the jury until Tuesday, October 5. On that morning, the trial court reminded the jury that, on the previous Friday afternoon, the trial court had given the jury additional instructions in response to the jury’s report that it was unable to reach a verdict. The defendant did not object to this reminder.
The judgment is affirmed.
In this opinion the other judges concurred.
The Chip Smith charge was developed in the case of State v. Smith, 49 Conn. 376, 386 (1881), to instruct the jury as to its duties in the event of deadlock. The jurors are charged, inter alia, to “pay proper respect to each other’s opinions, and listen with candor to each other’s arguments” in order to arrive at a unanimous verdict. Id. “This court and our Supreme Court have consistently upheld various forms of the Chip Smith charge designed to overcome possible jury deadlock. . . . Such a charge does not coerce a jury, but rather reminds jurors of their duties in the deliberative process.” (Citations omitted.) State v. Lyons, 36 Conn. App. 177, 188, 649 A.2d 1046 (1994). Because the defendant does not attack the content of the two Chip Smith charges given at trial, we will not set forth or review the content of those charges here. We will address the only issue presented on appeal: “Did the trial court err in giving two Chip Smith charges to the jury.”
Because the defendant did not object to this reminder at trial, we will not set forth or review the text of the reminder here. We note, however, that in State v. Bradley, 134 Conn. 102, 112, 55 A.2d 114, cert. denied, 333 U.S. 827, 68 S. Ct. 453, 92 L. Ed. 112 (1948), our Supreme Court rejected the defendant’s claim that “the reading from and later reference to State v. Smith, supra, [49 Conn. 376] was an invasion by the court of the province of the jury.”
See State v. Golding, 213 Conn. 233, 567 A.2d 823 (1989).