Missouri Court of Appeals, Southern District / Nov 15, 2018
STATE OF MISSOURI, Plaintiff-Respondent vs. TIMOTHY S. FRIEND, Defendant-Appellant
Timothy S. Friend appealed his conviction for first-degree statutory sodomy, arguing that the trial court coerced the jury into a guilty verdict by giving the "hammer instruction" after the jury reported an 11-1 split. The appellate court affirmed the judgment, finding no abuse of discretion by the trial court. The court concluded that, under the totality of the circumstances, the jury's verdict was not coerced, considering factors such as deliberation time, the voluntary nature of the jury's note, and adherence to the prescribed instruction language.