v3243-209

On cross-examination, she testified,

(Tr. 40), that the case was received at about 4:00

P.M., that they went to dinner at about 6:00 P.M.,

and that dinner lasted about one hour; that when the

last note was sent, they had been deliberating about

six hours.

Mrs. Wilcox was recalled for further

testimony. (Tr. 136). Even though she was asked on

her first appearance (Tr. 38, lines 9-19), what

answer the foreman brought back upon the question of

the jury being deadlocksd and she answered, "Well,

he read it and he said to bear in mind the instruc-

tions that we had received, and to vote accordingly".

The transcript (Tr. 112) shows that she was recalled

after a recess at 3:30 P.M. Then, even though she

had answered the question previously asked of her as

shown in the transcript (P. 38, lines 9-19),

apparently Mr. Phillips was dissatisfied with her an-

swer, and after a conference with her during said

recess, came back into court, recalled her (Tr. 137-138)

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