THOMAS v. STATE

No. 76-1831.

348 So.2d 634 (1977)

James Henry THOMAS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

July 26, 1977.


Attorney(s) appearing for the Case

Stephen L. Raskin, Miami, for appellant.

Robert L. Shevin, Atty. Gen. and Anthony Musto, Asst. Atty. Gen., for appellee.

Before HENDRY, C.J., and BARKDULL and HAVERFIELD, JJ.


HAVERFIELD, Judge.

Defendant, James Henry Thomas, appeals his convictions for burglary and grand larceny, and for his sole point on appeal argues that the trial court erred in failing to grant his motion for mistrial after the bailiff gave the jury a legal instruction during its deliberation. We find this point has merit.

Before the jury's verdict was announced, the trial judge informed counsel that during the jury's deliberations the foreman had advised the...

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