TURNER v. STATE

No. A05A2016.

621 S.E.2d 830 (2005)

275 Ga. App. 723

TURNER v. The STATE.

Court of Appeals of Georgia.

October 4, 2005.


Attorney(s) appearing for the Case

Carl P. Greenberg, Atlanta, for Appellant.

Paul L. Howard, Jr., District Attorney, Marc A. Mallon, Assistant District Attorney, for Appellee.


BLACKBURN, Presiding Judge.

Following a jury trial, Bernard Turner appeals his 2003 conviction for armed robbery, arguing only that the court erred in instructing the jury during an Allen charge that the case "must be decided by a jury." We hold that this was not reversible error.

In 2004, Burchette v. State1 held that, "when giving an Allen charge to a deadlocked jury, trial courts in this [S]tate should no...

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