Harris v. State

Marshall, Judge.

Appellant Harris was indicted, tried and convicted by jury of the offenses of aggravated sodomy and simple battery. He was sentenced to serve 20 years for the sodomy offense followed by one-year probation for the battery. Harris enumerates eight errors. Held:

1. As his first enumeration of error, Harris complains that the trial judge’s recharge, after only two hours of deliberation, in the language of the so-called "Allen” or "dynamite” charge subjected him to a coerced verdict. A charge almost identical to that in the instant case and given under similar circumstances, was…