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47 Fla. Supp. 2d 69

Tharp v. State

Circuit Court for the Judicial Circuits of Florida · decided 1991-04-17

Relies on Allen v. United States · 364 So. 2d 1238 - Armstrong v. State

Decided 1991-04-17

¶1OPINION OF THE COURT

ROTHENBERG, J.

¶2We have considered the arguments of the parties upon the facts presented.

¶3In Armstrong v State, 364 So.2d 1238 (Fla. 1st DCA 1978), the District Court held that it is error to give the “Allen charge”, first announced in Allen v United States, 164 U.S. 492, 17 S.Ct. 154, 41 L.Ed. 528 (1896), to resolve jury deadlock, in the absence of a deadlocked jury. Here the facts reveal no indication of deadlock arising *70from any quarter. The deadlock charge should not have been given and it is upon this point that we reverse.

¶4We have considered the other points on appeal raised by appellant and find that they are without merit and pose no bar to further prosecution of the matter in the court below.

¶5We reverse and remand for a new trial.

SHAPIRO and KORNBLUM, JJ., concur.
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