Lawhon v. State

OPINION

O’BRIEN, Judge.

Defendant was convicted of armed robbery and sentenced to ten years in the penitentiary. The sole issue raised on appeal is whether or not the provisions of T.C.A. Sec. 40-2516 require as a matter of law that the jury have in their possession at all times during deliberation a complete written copy of the judge’s instructions.

In this case, the trial judge read a prepared written charge to the jury which was delivered to them when they retired to their deliberations. After approximately three hours the jury made a written inquiry to the court in regard to the punishment…