Dyson v. State

McAULIFFE, Judge.

The defendant complains that the trial judge erred in permitting the introduction of additional evidence after the jury had begun its deliberations, and in denying the defen dant the opportunity to cross-examine the witness who provided the additional evidence. The State denies that the nonverbal communication by the witness constituted additional evidence. In the alternative, the State argues that the trial judge did not abuse her discretion in permitting additional evidence, and that the defendant waived his right to cross-examine the witness.

I

The victim was awakened at…