McHenry v. State

STATON, Judge.

Nathaniel McHenry was charged and convicted by jury of the crime of Burglary, a class B felony. 1 He was sentenced to the Indiana Department of Correction for a period of 10 years.

On appeal, McHenry raises basically four issues for our consideration:(1) Did the trial court err in permitting the alternate juror to retire with the jury for its deliberations without giving a limiting instruction as to the proper role of an alternate juror?(2) Did it err in proceeding with the trial in the absence of the defendant?(3) Did the court err in admitting into evidence a “mug shot” of…