People v. Barraza

In People v. Barraza (1979) 23 Cal.3d 675 (Barraza), the court reversed the defendant's conviction based upon the effect of an instruction to a "hopelessly deadlocked jury" that, if it failed to agree on a verdict, the case would be retried before another jury. Barraza noted that the error was compounded by reference in the instruction to the expense involved in trying a case. The court concluded that "although these erroneous instructions may not constitute a direct admonition to the minority, they have for all practical purposes much the same effect, particularly when given in tandem." ( Id. at p. 685.)