SMITH v. STATE

No. 578S96.

388 N.E.2d 484 (1979)

Harold Dean SMITH, Appellant, v. STATE of Indiana, Appellee.

Supreme Court of Indiana.

Rehearing Denied August 27, 1979.


Attorney(s) appearing for the Case

John E. Eisele, Theodore F. Smith, Jr., Anderson, for appellant.

Theo. L. Sendak, Atty. Gen., Robert J. Black, Deputy Atty. Gen., Indianapolis, for appellee.


GIVAN, Chief Justice.

Appellant was convicted of committing a felony while armed. He was sentenced to a determinate term of 12 years.

Appellant claims the trial court erred in refusing to grant a mistrial after the jury had retired for deliberation and had submitted questions to the trial court, which the trial court refused to answer. Appellant argues the trial court has a duty under IC § 34-1-21-6 [Burns 1973] to answer such questions when posed by...

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