Davis v. State

Banke, Judge.

The appellant was convicted of selling the controlled substance phenylcyclolexyl ethylamine (PCE). After the jury had been deliberating for an hour, it returned for the ostensible reason of posing a question for the court. Upon being asked to state the problem, the foreperson reported that after three or four votes, the count stood at six for guilty, five not guilty, and one undecided. The trial court then gave the jury a so-called “Allen” charge from Allen v. United States, 164 U. S. 492 (17 SC 154, 41 LE 528) (1896). Held:

1. The appellant’s first contention is that the Allen…