State v. Waite

— The defendants have appealed from a sentence of from five to ten years in the penitentiary, such sentence being based upon a verdict of guilty of attempted robbery.

It appears that, while the jury was deliberating upon its verdict, it sent to the bailiff a note reading as follows:

“In addition to our verdict, may we make any recommendations ? ”

The judge thereupon went to the jury room, opened the door and entered, or partly entered, the room where the jury was, spoke to the jury briefly and then left them, closing the door behind him. Appellants did not consent to the court so doing. The…