STATE v. HUNTER

No. 77-1526.

358 So.2d 50 (1978)

STATE of Florida, Appellant, v. O.C. HUNTER, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 10, 1978.


Attorney(s) appearing for the Case

Steven W. Gomberg, Asst. State Atty., West Palm Beach, for appellant.

Curtis G. Levine of Baskin, Schwartz, Brown & Kaplan, Boca Raton, for appellee.


MOORE, Judge.

The State appeals from an order of the trial court granting appellee's motion for a new trial.

The sole basis for granting a new trial involved the actions of the prosecutor during the jury's deliberations. Subsequent to the commencement of such deliberations, the jury returned and requested the court to reinstruct on first degree murder, attempted first degree murder and second degree murder. This was done without any objection. Shortly thereafter...

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