Harlan F. Stone

“ It can rarely be resorted to without bringing to bear in some degree, serious, although not measurable, an improper influence upon the jury, from whose deliberations every consideration other than that of the evidence and the law as expounded in a proper charge, should be excluded. Such a practice, which is never useful and is generally harmful, is not to be sanctioned.
The failure of petitioners' counsel to particularize an exception to the court's inquiry does not preclude this court from correcting the error. ”

“ United States (C. C. A. 9th) , 293 F. 563, 564, supporting the view that the practice, while improper, is not prejudicial error.
We deem it essential to the fair and impartial conduct of the trial that the inquiry itself should be regarded as ground for reversal. Such procedure serves no useful purpose that cannot be attained by questions not requiring the jury to reveal the nature or extent of its division. ”

“ Its effect upon a divided jury will often depend upon circumstances which cannot properly be known to the trial judge or to the appellate courts and may vary widely in different situations, but in general its tendency is coercive. ”