Cunningham v. State

Carley, Judge.

Appellant was tried before a jury on an indictment which charged him with rape and aggravated sodomy. The jury returned a verdict of guilty on each count. Appellant appeals from the judgments of conviction and sentences entered by the trial court on the guilty verdicts.

1. The trial court’s giving of an “Allen charge” after the jury had been deliberating for almost six hours is enumerated as error. “The decision of whether to give a jury in disagreement the Allen charge is generally left to the discretion of the trial judge, [cit.], and since the jury here specifically requested…