GARDNER v. COM.

Record No. 0393-85.

350 S.E.2d 229 (1986)

Michael J. GARDNER v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia.

November 5, 1986.


Attorney(s) appearing for the Case

Daniel B. Krisky, Fairfax, for appellant.

W. Mark Dunn, Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., on brief), for appellee.

Present: BENTON, KEENAN and MOON, JJ.


KEENAN, Judge.

Michael J. Gardner was convicted of first degree murder and sentenced, in accordance with the jury's verdict, to twenty-five years imprisonment. The issues presented in this appeal are: (1) whether the trial court erred in continuing to poll the jury after one juror stated that he did not agree with the verdict; (2) whether the trial court erred in giving the jury the so-called "Allen"1 instruction after the poll revealed...

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