Elmer v. State

Mr. Justice McINTYRE,

with whom Mr. Justice McEWAN joins, concurring.

The most serious question presented in this appeal is whether the giving of the so-called Allen instruction was reversible error.

In view of the failure of the United States Supreme Court to declare the Allen charge unconstitutional or prejudicial per se, and in view of the fact that other courts have generally declined to reverse convictions where such a charge has been given, we feel we must concur in the result arrived at by our colleagues.

We do think it should be pointed out, however, as stated by Judge Mur rah in…