Wright v. State

PEARSON, Judge.

The appellant was found guilty, after a jury trial, of the crime of rape of a female child under the age of ten years, contrary to § 794.01, Fla.Stat., F.S.A. He was sentenced to life imprisonment. On this appeal he has presented two points which claim procedural errors and a third point which goes to the denial of his motion for new trial based upon a claim of newly discovered evidence. We will consider the procedural points first.

After the case was submitted to the jury and during their six and one half hour deliberation the foreman left the jury room twice. In each instance…