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BURNETTE v. STATE

No. 32024.

157 So.2d 65 (1963)

LEMUEL DEAN BURNETTE, APPELLANT, v. STATE OF FLORIDA, APPELLEE.

Supreme Court of Florida.

As Amended on Rehearing November 6, 1963.

Attorney(s) appearing for the Case

Smoak & Ruff, D. Frank Smoak, Jr., and John Ruff, Punta Gorda, for appellant.

Richard W. Ervin, Atty. Gen., and James G. Mahorner, Asst. Atty. Gen., for appellee.

DREW, Chief Justice.

Lemuel Dean Burnette was found guilty of murder in the first degree and sentenced to death by electrocution. The sole question presented on this appeal from such judgment and sentence is the propriety of the following events which transpired when the jury returned to the courtroom after its deliberations had been in progress for some time, viz:

"THE COURT: Does the Jury wish to come out? "THE BAILIFF: Yes, sir, they want to...

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