Commonwealth v. Spencer

Opinion, by

Hoffman, J.,

Appellant was tried on criminal charges before a judge and jury. At 11:13 A.M. of the final day of trial, tlié jury retired- to deliberate. At' 4:40 P.M., they, returned and told the judge their disagreement was hopeless. At sidebar, the assistant district attorney requested the judge to charge the jury in accordance with Allen v. United States, 164 U.S. 492, 501-502, 17 S. Ct. 154 (1896). The judge refused and sent the jury back for further deliberation. At 5:10 P.M., the District Attorney of Philadelphia appeared before the judge in chambers to request that the Allen…