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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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