Docket No. 70736, (Calendar No. 7).

421 Mich. 296 (1984)

365 N.W.2d 101


Supreme Court of Michigan.

Decided December 28, 1984.

Released February 1, 1985.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, David H. Sawyer, Prosecuting Attorney, and Timothy K. McMorrow, Chief Appellate Attorney, for the people.

George S. Buth for the defendant.

RYAN, J. (for reversal).

We are asked to refine further our decision in People v Sullivan, 392 Mich. 324; 220 N.W.2d 441 (1974), in which we adopted, prospectively, ABA standard jury instruction 5.4 for use as supplemental instructions to deadlocked juries. In Sullivan, we renounced future use of the "Allen" charge, Allen...

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