Burley v. State

Banke, Chief Judge.

The appellant was convicted of aggravated assault based on evidence that he walked into the victim’s restaurant armed with a shot*613gun and shot the victim in the stomach. He appeals. Held:

Decided April 19, 1985. Elaine M. Gordon, for appellant. Robert E. Wilson, District Attorney, Susan Brooks, Thomas S. Clegg, Assistant District Attorneys, for appellee.

1. The trial court did not err in giving the so-called “Allen charge,” even though the jurors had been deliberating for only a little more than two hours and had not communicated to the court that they were deadlocked. Accord…