107 In addition, several other courts have recognized the authority of a trial court to recall an undischarged jury for the purpose of allowing it to correct its verdict, but have concluded that the jury already had been discharged at the time the jury had been recalled. See Montanez v. People, 966 P.2d 1035, 1036-37 (Colo. 1998) (explaining that “a jury may change or modify its verdict up to the point the verdict is accepted by the court and the jury is formally discharged” but that jury already had been discharged because one juror was about to exit courthouse and another already had been outside and that both had opportunity to mingle and to discuss case with outsiders when trial court recalled jury to correct its verdict); Burchett v. Commonwealth, 734 S.W.2d 818, 820 (Ky. 1987) (<HOLDING>); State v. Green, 995 S.W.2d 591, 613 (Tenn.
holding denial of jury trial was harmless because evidence was insufficient to create issue of fact for submission to jury and insurer would have been entitled to directed verdict recognizing that a trial court has the authority before accepting a verdict and before discharging a jury to send the jury back to correct a mistake in its verdict but concluding that jury had been discharged because jury was allowed to return to court on following day and was allowed to deliberate same issue it previously had decided holding that after court dismissed case at plaintiffs request notwithstanding the fact that jury had deliberated upon the case and indicated that it had reached a verdict there was no case pending in court on which a verdict could be predicated and the information which the judge got from an inspection of the petition handed to him by the foreman of the jury was information which he received as an individual and not as a judge of the court and further holding that despite violation of defendants right to receive the verdict that was purportedly reached the writing incorporated in the bill of exceptions as a verdict of the jury was in law no verdict because it was not received in court and published as required by law and was instead entirely extraneous and extrajudicial holding that trial court did not err in declining to accept jurys first verdict when form stated that the jury found the defendant undecided and trial courts interpretation of the verdict form to mean that the jury was either not unanimous or had not decided yet whether defendant was guilty or not guilty was reasonable and thus trial court properly instructed jury to continue deliberating holding that district court could not decide after jury returned verdict to treat jury verdict as advisory on issue not triable of right by jury but which was tried by consent of parties to nonadvisory jury