Noffke v. State

RABINO WITZ, Justice.

During the course of their deliberations the trial judge sent a communication to the jury outside the presence of appellant and his counsel. Under the particular facts of this case, we hold that it was reversible error for the trial court to have communicated with the jury in the absence of appellant and his attorney.

In the superior court appellant was originally indicted on four separate counts of burglary not in a dwelling. 1 Subsequently this indictment was consolidated with a separate indictment in which appellant was also charged with the commission of the crime of…