Thomas v. State

The appellant has placed so much importance upon his claim that he was not in the jury room when the trial Judge, his own attorney, the State’s Attorney, and the Court Reporter, at the request of the jury, went into the jury room to give further advice and instruction to the jury concerning the form of their verdict, that it may be desirable to further discuss this question.

The statute, section 914.01, F.S., F.S.A,, provides as follows:

“Presence of defendant when prosecution for felony

“In all prosecutions for a felony the defendant shall be present:

“(1) At arraignment;

“(2) When a plea is made;