The following excerpt is from People of Territory of Guam v. Pitts, 56 F.3d 73 (9th Cir. 1995):
[i]f the jury is heavily for conviction on the greater offense, dissenters favoring the lesser may throw in the sponge rather than cause a mistrial that would leave the defendant with no conviction at all, although the jury might have reached sincere and unanimous agreement with respect to the lesser charge.
United States v. Tsanas, 572 F.2d 340, 346 (2d Cir. 1978) (quoted in Jackson, 726 F.2d at 1469).
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