State v. Hyde

The opinion of the court was delivered by

Gordon, J.

Conviction for an assault with intent to rob, and the defendant appeals. But a single question requires consideration. At the trial, P. J. Concannon, a police officer of the city of Tacoma, who had arrested the defendant, was examined as a witness for the state. After the jury had been charged by the court and had been out about an hour, they sent word to the judge that they desired to be further instructed in the case. We quote from the record:

“ . . .in the presence of the presiding jndge, the said appellant and counsel for both sides, said…