PEOPLE v. BOOKOUT

Docket No. 54538.

111 Mich. App. 399 (1981)

314 N.W.2d 637

PEOPLE v. BOOKOUT

Michigan Court of Appeals.

Decided November 17, 1981.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, L. Brooks Patterson, Prosecuting Attorney, Robert C. Williams, Chief Appellate Attorney, and James A. Cherry, Assistant Prosecuting Attorney, for the people.

Frank J. Starkey, for defendant on appeal.

Before: BASHARA, P.J., and R.B. BURNS and V.J. BRENNAN, JJ.


R.B. BURNS, J.

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-type1 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...

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