State v. Walters, 209 N.C. App. 158 (Jan. 4, 2011)

Upon being notified that the jury was deadlocked, the trial judge did not err by giving an Allen instruction pursuant to N.C. Crim. Pattern Jury Instruction 101.40 and not G.S. 15A-1235, as requested by the defendant. Because there was no discrepancy between the pattern instruction and G.S. 15A-1235, it was not an abuse of discretion for the trial court to use the pattern instruction.