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STATE v. MARTIN

No. 43558.

211 N.W.2d 765 (1973)

STATE of Minnesota, Respondent, v. James Andrew MARTIN, Appellant.

Supreme Court of Minnesota.

October 12, 1973.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Doris O. Huspeni, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, George M. Scott, County Atty., Theodore R. Rix, Michael McGlennen, and Vernon E. Bergstrom, Asst. County Attys., Minneapolis, for respondent.

Heard before KNUTSON, C. J., and OTIS, ROGOSHESKE, and MacLAUGHLIN, JJ., and considered and decided en banc.

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

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