Hayes v. State

FLETCHER, Judge.

Eugene Hayes, Jr. appeals his conviction and sentence of aggravated battery, perjury in official proceedings, and official misconduct. Hayes correctly argues that the trial court reversibly erred by having the bailiff present the jury with a corrected written instruction rather than recalling the jury in order for the court to itself provide the corrected instruction.

In orally instructing the jury the trial court erred by providing an incorrect instruction. After both sides pointed out the error, the trial court sought to cure it by redacting the written instruction.…