v3243-205

to the judge, and received the seme reply at thereto-

fore, that they were to continue their deliberations.

He then communicated said message to the jury foreman.

(Tr. 17).

He testified that he received notice of

a verdict at approximately 12:00 midnight (Tr. 17).

Judge William 6. East, on his own motion,

was sworn and testified as follows: (Tr. 20-22), that

around 9:00 P.M., the bailiff brought him a note which

he stated was from the foreman of the jury. He opened

the note and determined that they wanted instructions

on a particular phase of the case. He did not recol-

lect the subject matter. Judge East then told the

bailiff to tell the foreman to remember the instruc-

tions that were given to them. He said he kept the

note until the trial was over, then threw same in the

wastepaper basket.

He subsequently received a further mes-

sage from Mr. Howser (Tr. 22). He commented to Mr.

Howser in substance that they hadn't worked too long,

---

archive.org Volume Name: govuscourtsca9briefs3243

Volume: http://archive.org/stream/govuscourtsca9briefs3243

Document Link: http://archive.org/stream/govuscourtsca9briefs3243#page/n204/mode/1up

Top Keywords (auto-generated):

foreman, howser, bailiff, worked, william, wastepaper, tions, threw, thereto, substance, subsequently, seme, sage, reply, recol

Top Key Phrases (auto-generated):

wastepaper basket., thereto fore, seme reply, recol lect, mes sage, instruc tions

Document Status: UGLY