Kersey v. State

OPINION

HENRY, Justice.

We granted certiorari to take a fresh look at the “Allen” or “dynamite” charge, and to clarify certain matters incidental thereto.

I

Petitioner was found guilty of involuntary manslaughter and sentenced to confinement in the State Penitentiary for not less than one (1) nor more than five (5) years. His conviction was upheld by the Court of Criminal Appeals.

The record reflects that after the jury had deliberated about one hour and forty-five minutes it returned to the courtroom and, in response to questions by the trial judge, announced that it had not reached a verdict but…