People v. Smith

On March 9, 1967, defendant was convicted by a jury in the Livingston county circuit court of the offense of breaking and entering.*

Defendant asks if he may, on appeal, bring up for the first time a question of error in additional instructions given the jury during their deliberations.

The jury asked that testimony be read to them as to the amount of beer taken from the store and whether any was found in defendant’s truck. The trial court answered:

“The Court: Members of the jury, two questions have been asked of me. Number one: does testimony establish amount of beer taken from store? Members…