v3243-237

, -we been prejudicial. We must presume it pre-

judicial. (Citing case.). The jury received an

miction second hand, and not by the judge.

Chances for error are too great. Presuming the

error to be prejudicial, the rule in FilUEEon v.

Albion Vein Slate Co . . supra, is applicable and

requires reversal."

~f iMlliDDon v. Albion Vein

The case or fiihpp u _

n ^*- 1Q19 250 U.S. 76, 63

Slate Co., U. S. Supreme Court, 1919,

4 -h Ah Fook Chang case,

L Ed. 204, referred to In the Ah to

.upra, held that it was error for the trial judge to

give supplementary written instructions to the jury

during deliberations without presence of cou.se or

afC er notice and opportunity to be present and that

. instructions should not be sent to the jury

..1 and an opportunity to object

without notice to counsel ana an vv

in the instant case no written in-

-v.. nrv The answer to the

structions were sent to the jury.

Hm a8 to the fact the jury were unable to

last question as c uw

---

archive.org Volume Name: govuscourtsca9briefs3243

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

Document Link: http://archive.org/stream/govuscourtsca9briefs3243#page/n236/mode/1up

Top Keywords (auto-generated):

deliberations, ah, written, vein, tinue, slate, seemed, prejudicial, opportunity, instructions, fook, discretion, chang, albion, word

Top Key Phrases (auto-generated):

fook chang, albion vein, ah fook, written instructions, wilcox whose, whose tescimony, vein slate, tinue deliberations, tescimony seemed, supplementary written, seemed un, requires reversal., pre judicial., juror wilcox, hm a8

Document Status: UGLY