Gould v. Argiro

Dissenting Opinion by

Mr. Chief Justice Bell :

I agree with the generalizations set forth in the majority Opinion, but not with the result. I agree with *437Justice Musmanno that the answer of the trial Judge to the two questions asked by the jury — which was sent out by the Judge to the jury in the absence of counsel for both parties — was so innocuous, de minimis, nonprejudicial, and non-precedent forming, that it does not justify a new trial.