People v. Lammers

Defendant was convicted by a jury of the crime of violating section 288 of the Penal Code in committing lewd and lascivious acts on the body of a female child 8 years of age, on April 21,1950.

The sole question involved in the instant appeal is whether the trial court was guilty of prejudicial misconduct in making certain statements to the foreman of the jury after the jury had deliberated about five hours and had returned to the courtroom and was at that time questioned by the trial judge as to whether it desired further instruction or desired any of the evidence read to it. In reply to this…