Smith v. State

GIVAN, Chief Justice.

Appellant was convicted of committing a felony while armed. He was sentenced to a determinate term of 12 years.

Appellant claims the trial court erred in refusing to grant a mistrial after the jury had retired for deliberation and had submitted questions to the trial court, which the trial court refused to answer. Appellant argues the trial court has a duty under IC § 84-1-21-6 [Burns 1978] to answer such questions when posed by the jury. The statute states:

"After the jury have retired for deliberation, if there is a disagreement between them as to any part of the…