State v. Jones

HATHAWAY, Chief Judge.

The appellants were jointly convicted •of first degree burglary and appeal therefrom.

Sometime after the cause had been submitted to the jury for deliberation, the foreman informed the bailiff that the jury wished to rehear testimony of key witnesses .and one of the defendants. The trial judge was not present. The request was sub•mitted to another judge, who rejected it, “because of the nature of the request, and 'lie not being the trial judge.”

Upon the refusal of their request, the jury returned to deliberate. They later found both defendants guilty of first degree…