Whether the appeals court erred in affirming the use of its pattern modified 'Allen' charge with a deadlocked jury

QUESTION PRESENTED I. WHETHER THE APPEALS COURT ERRED IN AFFIRMING THE USE OF ITS PATTERN MODIFIED “ALLEN” CHARGE WITH A DEADLOCKED JURY, EXPRESSLY REFERENCING THE TIME, EXPENSE AND BURDEN OF A RETRIAL, ESPECIALLY AFTER THE DISTRICT COURT FURTHER MODIFIED SAID CHARGE TO INFORM THE JURORS THAT THEY WOULD BE ‘QUITTERS” IF THEY WERE UNABLE TO REACH A VERDICT. i