MAYFIELD v. STATE

No. 55, September Term, 1984.

302 Md. 624 (1985)

490 A.2d 687

LOUIS GARLAND MAYFIELD v. STATE OF MARYLAND.

Court of Appeals of Maryland.

April 9, 1985.


Attorney(s) appearing for the Case

Victoria S. Keating, Asst. Public Defender, Baltimore (Alan H. Murrell, Public Defender, Baltimore, on the brief), for appellant.

Deborah K. Chasanow, Asst. Atty. Gen., Baltimore (Stephen H. Sachs, Atty. Gen., Baltimore, on the brief), for appellee.

Argued before MURPHY, C.J., SMITH, ELDRIDGE, COLE, RODOWSKY and COUCH, JJ., and EDWARD D. HIGINBOTHOM, Associate Judge of the Third Judicial Circuit (retired), Specially Assigned.


ELDRIDGE, Judge.

The question presented in this criminal case is whether, after a jury informs the trial judge that it is deadlocked and discloses the numerical majority-minority division, it is erroneous as a matter of law for the trial judge to give an Allen-type charge in the form recommended by the American Bar Association (ABA).

The underlying facts, taken largely from the parties' agreed statement of facts pursuant to Maryland Rule 828 g, are...

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