Indiana Court of Appeals April 27, 1982, No. 1-280A33 (Indiana State Highway Commission v. Vanderbur)

ON PETITION FOR REHEARING

NEAL, Judge.

Each Appellee’s Petition for Rehearing raises the issue of retroactive application of Lewis v. State, (1980) Ind.App., 409 N.E.2d 1276, transfer granted 424 N.E.2d 107, and the further issue that the supplemental instruction was not in fact an “Allen charge” proscribed in Lewis, supra.

In the cases of Lewis, supra; Burnett v. State, (1981) Ind.App., 419 N.E.