Lewis v. State

PIVARNIK, Justice.

This cause comes to us on the State’s petition to Transfer from the Fourth District Court of Appeals. Defendant-Appellant Tony Monroe Lewis was convicted of burglary and theft in Marion Criminal Court. One of the issues raised on appeal was the giving by the trial court of a supplemental “Allen charge” to the jury after the jury had indicated they were having difficulty arriving at a verdict. The Court of Appeals found that giving this charge constituted reversible error, in that it violated Lewis’ right to a fair and impartial trial by jury as guaranteed by the Sixth…