Kelly v. State

DAUKSCH, Judge,

dissenting:

I respectfully dissent. The trial judge sent to the jury room a composite drawing of a face which drawing was not in evidence. Whether or not the jury was improperly motivated to convict the Appellant is not for me to say. I cannot know if the Appellant was injured by this error but it is error. Smith v. State, 95 So.2d 525 (Fla.1957). F.R.Crim.Prac. 3.400(d). State ex rel. Pryor v. Smith, 239 So.2d 85 (Fla. 1 DCA 1970).

I would reverse for a new trial.