ARMSTRONG v. STATE

No. EE-340.

364 So.2d 1238 (1977)

James Clifton ARMSTRONG, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied December 29, 1978.


Attorney(s) appearing for the Case

Michael J. Minerva, Public Defender, and Margaret Good, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and A.S. Johnston, Asst. Atty. Gen., for appellee.


McCORD, Chief Judge.

Appellant was convicted of burglary and appeals the judgment and sentence. Among other things, he contends that the trial court erred in giving Standard Jury Instruction 2.21, the jury deadlock charge, when there was no indication that the jury was deadlocked. This occurred when the jury, after having retired to consider the verdict, returned to the courtroom with a question and, without indication from the jury that they were deadlocked, the...

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