CRIMINAL PROCEDURE-WAIVER OF UNANIMOUS JURY VERDICT IN FEDERAL COURTS

Defendant was tried for two counts of felony. After twenty-seven minutes of deliberation the jury was unable to agree on either count, and the court asked the parties whether they would accept a majority verdict. Counsel for the defendant, after consulting with his client, consented, as did the United States Attorney. The jury found defendant guilty on both counts by a majority of nine to three and ten to two respectively. The court ordered a verdict to be filed and imposed a sentence. On appeal, held, reversed. A unanimous verdict is the inescapable element of due process and cannot be waived under any circumstances. Aside from the disability springing from the due process concept, the mandatory wording of rule 31(a) of the Federal Rules of Criminal Procedure might also prevent waiver. Hibdon v. United States, (6th Cir. 1953) 204 F. (2d) 834