State v. McLeskey

EISMANN, Justice.

This is an appeal from a conviction and sentence for the felony crimes of burglary and aggravated assault with a firearm. Because the district court instructed the jury that they could discuss the case among themselves during the trial, we vacate the judgment and remand this case for further proceedings.

I. FACTS AND PROCEDURAL HISTORY

During the early morning hours of May 30, 2000, Mrs. Hossley was awakened by the sound of a vehicle coming onto her and her husband’s property. She awakened her husband, who hurriedly dressed, retrieved a pistol, and went outside to investigate.…