People v. Bookout

Defendant was convicted of first-degree criminal sexual conduct, MCL 750.520(b)(1)(a); MSA 28.788(2)(1)(a). The only issue raised on appeal is whether the supplemental jury instruction given by the judge was a proper Allen-type 1 instruction.

On June 9, 1980, the jury began deliberations. Approximately two hours after the jury retired, the court received a note stating that the jury was deadlocked. The jury returned to the courtroom, and the trial judge supplemented the jury instruction. The jury was excused to resume deliberations which continued through the working day. The deliberations…