Burge v. State

Miller, Judge.

Anthony Dean Burge appeals from convictions for obstruction and public drunkenness on the ground that the trial court delivered an improper Allen 1 charge to the jury. We find no error and affirm.

Burge’s single enumeration of error is that in light of Burchette v. State, 278 Ga. 1, 2-3 (596 SE2d 162) (2004), in which the Supreme Court of Georgia disapproved an Allen charge including language that the case “must be decided by some jury,” the Allen charge in his own case was likewise erroneous. We disagree.

Burge’s trial was held in July 2002, nearly two years before the Supreme…