State v. Davis

ON MOTION FOR REHEARING

Supplemental Opinion — Rehearing Denied

HOWARD, Chief Judge.

On rehearing affidavits have been filed with this court by the trial judge and by trial counsel for the state and defense. These affidavits state that the trial judge showed the jury’s questions to both counsel and the written answer was agreed to by defense counsel. Trial defense counsel in his affidavit stated that he informed appellate defense counsel of this fact but appellate defense counsel claims trial defense counsel is mistaken and that appellate defense counsel had no knowledge of what occurred below.…