State v. Lackey, 204 N.C. App. 153 (May. 18, 2010)

The trial judge did not abuse his discretion in giving an Allen instruction. After an hour of deliberation, the jury foreman sent a note stating that the jury was not able to render a verdict and were split 11-1. The trial court recalled the jury to the courtroom and, with the consent of the prosecutor and defendant, instructed the jury in accordance with N.C.P.I. Criminal Charge 101.40, failure of the jury to reach a verdict. The jury then returned to deliberate for 30 minutes before the trial judge recessed court for the evening. The next morning, before the jury retired to continue deliberations, the trial court again gave the Allen instruction.