Rueth v. State

ON DENIAL OF PETITION FOR REHEARING

Bistline, Justice.

In petitioning for a rehearing the Rueths strenuously urge that the Court improperly required of them that they show that the ex parte unrecorded communications between the trial judge and the jury were harmless. That assignment has been given full consideration, and we remain of the opinion that the rule applied was the correct one in view of the factual situation of this particular case. Since the announcement of the opinions in this case the Supreme Court of the United States has had occasion to pass upon the same question. United Stated…