Kenneth Glenn Benscoter v. The United States

HURRAH, Chief Judge.

The appeal in this criminal case involves primarily the recurring question of the propriety of the trial court’s supplemental instructions to an apparently deadlocked jury in which he urged them to reach a verdict.

Since this case was briefed and argued, we have again reviewed the case law and- cautiously reaffirmed the propriety of a so-called Allen charge, provided the jury is explicitly given to understand that each of them is perfectly free to follow the dictates of his own conscientiously held views on guilt or innocence. See Burrup v. United States, 10 Cir., 371 F.2d…