Kelly v. State

In this appeal from the Criminal Court of Baltimore by Christopher Columbus Kelly, we are called upon to explore the subject of an Allen type charge 1 given to the jury during the trial judge’s initial advisory instructions.

Appellant was convicted of the crime of manslaughter 2 by a jury presided over by Judge Solomon Liss, and was sentenced to a term of ten years imprisonment. Here, the appellant attacks the judgment of conviction in a trifurcated manner, namely: (1) the prosecutorial demeanor of the trial judge; (2) the Allen type charge embodied in the original advisory jury instructions,…