People v. Chares

By the Court, Rhodes, J.

The defendant was indicted for an assault with the intent to commit murder. After the jury had retired to consider of their verdict, they were returned ‘into Court, at their request, for further instructions, and the Court gave them oral instructions in explanation of the instructions previously given. The defendant was present, but neither consented nor objected thereto. The District Attorney was not present. The defendant now assigns for error, the giving of the instructions orally.

It is provided, in section three hundred and sixty-two of the Criminal Practice Act,…