STATE v. MIMS

No. 44795.

235 N.W.2d 381 (1975)

STATE of Minnesota, Respondent, v. Henry Lucius MIMS, Appellant.

Supreme Court of Minnesota.

November 7, 1975.


Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, William F. Forsyth, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Gary W. Flakne, County Atty., Vernon E. Bergstrom, David W. Larson, Michael H. McGlennen, Asst. County Attys., Minneapolis, for respondent.

Heard before SHERAN, C. J., and ROGOSHESKE and TODD, JJ., and considered and decided by the court en banc.


ROGOSHESKE, Justice.

The sole issue presented on this appeal is whether in a criminal case any communication between the trial judge and the jury relating to the case occurring during the judge's uninvited entry into the jury room during the jury's deliberations and in the absence of defendant and counsel constitutes reversible error. We hold that it does and reverse defendant's conviction.

Defendant was charged and tried by a jury for the crime of aggravated...

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