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COMMONWEALTH v. SPENCER

216 Pa.Super. 169 (1970)

Commonwealth v. Spencer, Appellant.

Superior Court of Pennsylvania.

March 19, 1970.

Attorney(s) appearing for the Case

Dennis Kelly, Assistant Defender, with him John W. Packel and Melvin Dildine, Assistant Defenders, and Vincent J. Ziccardi, Acting Defender, for appellant.

James D. Crawford, Assistant District Attorney, with him Arlen Specter, District Attorney, for Commonwealth, appellee.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and CERCONE, JJ.

OPINION BY HOFFMAN, J., March 19, 1970:

Appellant was tried on criminal charges before a judge and jury. At 11:13 A.M. of the final day of trial, the 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...

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