R.B. Williams v. Al C. Parke, Warden

WELLFORD, Circuit Judge.

In Allen v. United States, 164 U.S. 492, 17 S.Ct. 154, 41 L.Ed. 528 (1896), the Supreme Court approved the use of a supplemental charge — typically referred to as an Allen charge — to encourage jurors to consider further their tentative positions during deliberations in criminal trials. This appeal involves the propriety of such a supplemental charge in petitioner's trial in state court during jury deliberations. Petitioner sought review of the charge by petitioning the federal district court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254.1 The court denied…