Brannon v. State

Pope, Judge.

Gary Brannon appeals his conviction of simple battery. Held:

1. The trial portion of this case was not reported. However, a court reporter was summoned to report Brannon’s motion for mistrial made after the jury had been charged and recharged but before a verdict had been rendered. Brannon contends that the trial court erred in conferring ex parte with the jury foreman at the bench. Neither the state nor the defense was privy to this conference. The conference occurred after the trial court had given an Allen charge and recharged the jury for a second time on simple battery and the…