Allen v. United States
- Decided
- December 7, 1896
- Docket
- 371
- Status
- Published
- Jurisdiction
- Federal
Cited 3,268 timesDisapproved (not yet verified)Possible negative treatment: disapproved, superseded by statute, overruled (not yet verified) · People v. Goldsmith
What later courts said
- holding that a trial court may encourage a deadlocked jury to continue deliberating provided it does so noncoercively — United States v. Philip N. Antico (2019)
- holding that an instruction to jurors to listen to and give consideration to the opinions of fellow jurors was constitutionally permissible — Brockington v. Grimstead (2007)
- holding that a trial judge may give a charge urging jurors who appear to be "deadlocked" to reach a verdict — Garner v. State (2016)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
Me. Justice Brown delivered the opinion of the court.
This was a writ of error, to a judgment of the Circuit Court of the United States for the Western District of Arkansas sentencing the plaintiff in error to death for the murder of Philip [*494] Henson, a white man, in the Cherokee Nation of the Indian Territory. The defendant' was tried and convicted in 1893, and upon such conviction being set aside by this court, 150 U. S. 551, was again tried and convicted in 1894. The case was again reversed, 157 U. S. 675, when Allen was tried for the third time and convicted, and this writ of error was sued out.
The facts are so fully set forth in the previous reports of the case that it is unnecessary to repeat them here. , "We are somewhat embarrassed in the consideration of this case by the voluminousness of the charge, and of the exceptions taken thereto, as well a,s by the absence of a brief on the part of the plaintiff in error; but the principal assignments of error, set forth in the record, will be noticed in this opinion.
Cite this
Allen v. United States, 164 U.S. 492 (1896)Read the full opinion
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