¶1concurring.
¶2I concur with the result reached by the majority but do not condone the use of the “Allen charge” by the court when the jury was unable to arrive at a unanimous verdict. This court has approved of the typical Allen instruction at different times but it was the basis of reversal in the Fourth District opinion in Lewis v. State, (1980) Ind.App., 409 N.E.2d 1276 (transfer pending). The problem faced by Parker in this case is her failure to object to the instruction and thus a waiver of any error by the court. Decker v. State, (1979) Ind.App., 386 N.E.2d 192. In addition, appellant did not include this issue in her Motion to Correct Errors and therefore I would arrive at the same conclusion as the majority in affirming defendant’s conviction.