State v. Hunter

MOORE, Judge.

The State appeals from an order of the trial court granting appellee’s motion for a new trial.

The sole basis for granting a new trial involved the actions of the prosecutor during the jury’s deliberations. Subsequent to the commencement of such deliberations, the jury returned and requested the court to reinstruct on first degree murder, attempted first degree murder and second degree murder. This was done without any objection. Shortly thereafter, the court took a lunch recess at which time the jury *51was taken to lunch by the bailiff. Concluding that the failure to reinstruct on…