Whitfield v. State

Smith, Judge.

We reverse the appellants’ burglary convictions because, at their joint trial, the court failed to comply with the jury’s request for a recharge on a legal issue and because the court abused its discretion in failing to require an unsequestered witness to testify prior to the state’s other witnesses.

1. At about 2:05 p.m., while the jury was deliberating, the foreman told a bailiff that he wanted to ask the judge a question of law. At 2:10 p.m., while the trial judge was conducting voir dire on another case, a bailiff informed him that the jury had a question on an issue of law.…