State v. Payne

MITCHELL, Justice.

The defendant contends, inter alia, that the trial court committed reversible error by communicating with the jurors out of open court and in the absence of the defendant, counsel, or a court reporter. We agree and hold that the defendant is entitled to a new trial. Because the defendant’s other assignments of error *139are not likely to arise upon retrial, we do not reach or discuss them.

A complete review of the evidence is not necessary to an understanding of the legal issues involved in this case. Briefly, the State’s evidence tended to show that the victim was killed with a…