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McCAMPBELL v. COM.

No. 89-CA-2493-MR.

796 S.W.2d 596 (1990)

David Lewis McCAMPBELL, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

October 5, 1990.

Attorney(s) appearing for the Case

Pierce Butler Whites, Georgetown, for appellant.

Frederic J. Cowan, Atty. Gen., R. Levertis Bell, Sr., Asst. Atty. Gen., Frankfort, for appellee.

Before HOWERTON, C.J., and HOWARD and MILLER, JJ.

MILLER, Judge.

Appellant brings this appeal from a second-degree assault conviction. Kentucky Revised Statutes (KRS) 508.020. The sole issue surrounds the giving of what the trial court believed to be an Allen charge.1

After deliberation, the jury returned deadlocked. The following transpired:

THE COURT: The jury has just informed the bailiff that they have been unable to reach a verdict. I am going to bring them...

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