STATE v. KELLY

No. 92-3099.

640 So.2d 231 (1994)

STATE of Florida, Appellant, v. William KELLY and Gerrod Ivory, Appellees.

District Court of Appeal of Florida, Fourth District.

August 10, 1994.


Attorney(s) appearing for the Case

Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellant.

Patrick C. Rastatter of Glass & Rastatter, P.A., Fort Lauderdale, for appellees.


FARMER, Judge.

During the evening recess after the first day of trial, in which the jury had been sworn and opening statements held, the prosecutor trying the case and an investigating police officer went out to defendants' house. They had neither sought nor been granted permission by defense counsel to speak to the defendants or to conduct an investigation at the defendants' house, which happens to have been the scene of the alleged crime. They talked to defendants...

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