State v. Lang

COPELAND, Justice.

By his nineteenth assignment of error, defendant contends that the trial court erred in refusing the jury’s request, after beginning its deliberations, to have the transcript of the testimony of defendant’s witness Ms. Rena James read to it. We hold that the trial judge’s refusal on the grounds that he did not have the authority, in his discretion, to grant the jury’s request was prejudicial error entitling defendant to a new trial.

It is well settled in this jurisdiction that the decision whether to grant or refuse a request by the jury, after beginning its deliberations,…