State of Tennessee v. Alpheus Lerone Lowe

At the conclusion of a jury trial, Appellant was convicted of DUI, third offense. The trial court sentenced Appellant to eleven months and twenty-nine days with all but 120 days suspended. The rest of the sentence was to be served on supervised probation. On appeal, Appellant argues that the evidence was insufficient to support his conviction of DUI and that the trial court erred in neglecting to give the Allen or dynamite charge when the jury was unable to reach a verdict. We conclude that the evidence was sufficient and that the use of the Allen or dynamite charge is no longer approved of by our supreme court. Therefore, the judgment of the trial court is affirmed.