California, United States of America
The following excerpt is from People v. Adcock, C058167 (Cal. App. 3/24/2009), C058167 (Cal. App. 2009):
"Where a jury is incompletely polled and no request is made for correcting the error, such further polling may be deemed waived by defendant, who cannot sit idly by and then claim error on appeal when the inadvertence could have readily been corrected upon his merely directing the attention of the court thereto." (People v. Lessard (1962) 58 Cal.2d 447, 452.) Here, defendant did not object that the trial court had failed to ask the foreperson if the jury had reached a verdict, or that the court used the words "reached a verdict" instead of "agreed on a verdict." Defendant has forfeited his claims on appeal.
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