Battle v. State

Prior to consideration of this case by the Court of Special Appeals, we granted the writ of certiorari on our own motion in order that we might address the issue of whether a trial judge improperly allowed a jury to separate after its deliberations had begun. 1 However, because we find that a confusing answer was given to an unclear question propounded by the jury, we shall be obliged to reverse and remand for a new trial without reaching this interesting question.

John Battle was charged with first degree rape, assault with intent to rape, and lesser included counts. He was convicted of…