United States v. Floyd E. Burkhart

PECK, Circuit Judge

(concurring).

I am in entire agreement with the disposition of the first three issues in the majority opinion, but have reservations concerning the fourth. In the circumstances I feel that the preferable course would have been for the trial judge to have made a direct response to the jury’s question, but concur on the ground that it was not an abuse of discretion for him to decline to do so. It is unfortunate that the colloquy between court and counsel did not occur in the presence of the Court Reporter and that' a verbatim record thereof is therefore not available for review.