STATE v. KELLY

No. 4203.

372 S.C. 167 (2007)

641 S.E.2d 468

The STATE, Respondent, v. Carl Vernon KELLY, Appellant.

Court of Appeals of South Carolina.

Decided February 5, 2007.


Attorney(s) appearing for the Case

Appellate Defender Aileen P. Clare, Office of the Attorney General, of Columbia, for Appellant.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Shawn L. Reeves, all of Columbia; and Solicitor Ralph E. Hoisington, of Charleston, for Respondent.


WILLIAMS, J.:

Carl Kelly appeals the circuit court's decision not to grant a mistrial and not to issue an Allen1 charge after a juror retracted her guilty verdicts during jury polling. We affirm.

FACTS

Carl Kelly stood trial before a jury on charges of assault and battery with intent to kill, armed robbery, first-degree burglary, and kidnapping. At the close of trial, the jury

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