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Judge in Penny Case Dismisses Top Charge, Lesser Charge Still in Play – RedState

Update – 4:00 p.m. Eastern:

In a bizarre twist, after the jury returned another note to the court indicating it remained deadlocked on Count I, the prosecution moved to dismiss the count (for second-degree manslaughter) and asked the court to instruct the jury to continue considering Count II (negligent homicide). The defense objected, contending that this move was coercive, but the judge ultimately determined to proceed in that fashion. The judge dismissed the jury, telling them to return Monday to continue deliberations as to Count II. 






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