State v. Smalls

Durham, A.C.J.

These cases were consolidated for appeal due to apparent similarity of issues. Closer examination revealed differences sufficient to warrant separate discussion of each case.

State v. Simcox

Thomas Simcox was tried by a jury on a charge of second degree burglary. The jurors received the usual instructions regarding their duty not to discuss the case with anyone. On June 10, 1981, the first day of trial, Simcox, his counsel, the prosecutor, and the judge signed an order allowing the jury to separate during trial. The jury heard evidence and separated that evening.

The jury returned…