JACKSON v. STATE

No. 93-2094.

636 So.2d 99 (1994)

Darryl JACKSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 17, 1994.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Marti Rothenberg, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Cecily Robinson-Duffie, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and COPE and GODERICH, JJ.


SCHWARTZ, Chief Judge.

During its deliberations in this second-degree murder case, the jury sent the court a written note via the bailiff seeking "examples" of acts done with "ill will, hatred, spite or an evil intent." With the concurrence of both sides, the trial judge, who was absent from the courtroom at the time, conferred with counsel by telephone and, as the attorneys also agreed, ordered the bailiff to type and transmit to the jury the innocuous response that...

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