Berness v. State

MAYFIELD, Justice.

The defendant, Berness, was convicted of murder in the second degree. The Court of Appeals reversed and remanded this *643judgment. The State, through its Attorney-General, petitioned this court for certiorari to review and revise the judgment of the Court of Appeals. The reversal by the Court of Appeals was based on admonitions and instructions given to certain members of the jury, outside of the court house, during the noon recess, in the absence of the defendant. The pertinent interchanges between the judge and members of the jury were reported in the opinion which we here…