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NOFFKE v. STATE

No. 707.

422 P.2d 102 (1967)

Marvin Arthur NOFFKE, Appellant, v. STATE of Alaska, Appellee.

Supreme Court of Alaska.

January 13, 1967.

Attorney(s) appearing for the Case

David H. Call and George M. Yeager, Fairbanks, for appellant.

Douglas B. Baily, Asst. Dist. Atty., and Thomas E. Fenton, Dist. Atty., Fairbanks, for appellee.

Before NESBETT, C.J., RABINOWITZ, J. and SANDERS, Superior Court Judge.

RABINOWITZ, Justice.

During the course of their deliberations the trial judge sent a communication to the jury outside the presence of appellant and his counsel. Under the particular facts of this case, we hold that it was reversible error for the trial court to have communicated with the jury in the absence of appellant and his attorney.

In the superior court appellant was originally indicted on four separate counts of burglary not in a dwelling.

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