People v. Queen

Mr. PRESIDING JUSTICE STOUDER

dissenting:

I do not agree with the majority of the court. In my opinion prejudicial trial errors occurred requiring a new trial.

As indicated in the majority opinion the jury after deliberating some time delivered a note to the bailiff who in turn delivered the note to the trial judge. The note read, ‘Would like the Defendant’s words on the stand.” Whatever transpired upon receipt of the note was not transcribed by the court reporter and the only reference to what may have happened is contained in a supplemental record filed by the State which contains an account…