People v. Tooks

Defendant was charged with unarmed robbery. MCLA 750.530; MSA 28.798. The case was tried to a jury and defendant was found guilty and sentenced on November 30, 1972 to serve 4 to 15 years. He appeals as of right. His four assignments of error will be discussed seriatim.

I

The trial judge felt constrained to invoke the so-called Allen charge 1 in this case. Defendant insists that the charge was prematurely given because the jury was not "hopelessly deadlocked”. The jury deliberated for nearly seven hours before the foreman requested that certain testimony be read again. The judge satisfied…