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should read the questions which the jury had written
regarding further instructions. The trial judge had
the question delivered to him, and without reading same,
he gave a supplemental charge. The questions were not
put into the record. It was held that this was error,
i.e., the failure to read the questions.
In the instant case, no additional in-
structions were given. Hence, no prejudicial error
could have been committed, as no additional instruc-
tions were given. Counsel was present when the
original instructions were given. The court merely
referred the jury to the instructions already given.
Appellant relies heavily upon the
authority of Allen v. United States , U.S. Supreme
Court, 1896, 164 U.S. 492, 41 L. Ed. 528.
The instructions given in that case
upon the question of the deliberations of a jury
were as follows:
"The 17th and 18th assignments were
taken to Instructions given to the jury after
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