State v. Howland

Smith, J.

(dissenting): I find myself unable to agree with what is said in the majority opinion with reference to the colloquy that occurred at the time the jury reported and asked further instructions frdm the court. It would add but little to the progress of the law for me to give an extended discussion of that. I am persuaded, however, that it was a violation of orderly procedure and that the net result was to deprive the defendant of a fair trial.