McGilberry v. State

The appellant, Glenn McGilberry, was convicted of sexual abuse in the first degree, in violation of § 13A-6-66, Code ofAlabama (1975), and sentenced to a term of two years; he was to serve twelve months in the Mobile County Jail, with the balance of the sentence suspended for a five-year period.

I

The appellant argues that the trial court's administering of an Allen charge to the jury under the circumstances of this case was impermissibly coercive. The record indicates that on December 15, 1986, the jury began deliberations at 4:15 p.m. At 5:05 p.m., the jury had not yet reached a verdict and…