State v. Shutzler

Gus Shutzler was convicted of grand larceny, and appeals from the judgment and sentence pronounced upon him. He assigns as error that the trial court, on a legal holiday, in the absence of and without notice to himself or his attorneys, after the jury had been sent out to deliberate on their verdict, called them into the court room and gave them certain additional instructions. The facts giving rise to the contention are well stated by the trial judge in the following language:

“As stated in these affidavits, [affidavits filed in support of a motion for a new trial] the jury had been…