State v. Martin

Otis, Justice.

This appeal from a conviction for robbery challenges the continued validity in Minnesota of the so-called “Allen” charge directed at deadlocked jurors. We hold that such instructions are no longer consistent with our concept of a fair trial and adopt in their place A. B. A. Standards Relating to Trial by Jury, § 5.4 (Approved Draft, 1968). Because the Allen charge was here given, and evidence reflecting on defendant’s character was improperly received, we reverse.

Defense counsel on cross-examination elicited from a prosecution witness testimony that she had identified defendant…