Batteaste v. State

SAM TAYLOR, Judge.

On January 3, 1983, Patrick Batteaste was found guilty of robbery in the first degree by a Mobile Circuit Court jury. He was sentenced to life imprisonment.

Appellant’s only issue on appeal involves a request made to the court by the jury a few minutes after it first retired to deliberate.

At trial, the victim testified that the individual who robbed him had had a scar on the left side of his face. The defendant chose not to take the stand but was, of course, present in the courtroom during the trial.

The record reveals that a short while after the jury began its deliberations;…