Fairbanks v. State

OPINION

DYER, Chief Justice.

Ronnie Fairbanks, referred to herein as defendant, has been convicted of armed robbery, receiving a sentence of ten years. The Court of Criminal Appeals has reversed and remanded, sustaining an assignment of error that the jury in its deliberations considered the testimony of a member of the jury panel, which was contrary to the evidence introduced at the trial. We granted certiorari primarily to consider this assignment and will detail only that evidence necessary for this purpose.

On the night of May 27, 1972, the Quick Check Market, located in Cleveland, Bradley…