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PEPPERS v. UNITED STATES

No. 5387.

37 F.2d 346 (1930)

PEPPERS v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

January 10, 1930.

Attorney(s) appearing for the Case

Blase A. Buonpane, of Cleveland, Ohio (Buonpane, Sherman & Buonpane, of Cleveland, Ohio, on the brief), for appellant.

John B. Osmun, of Cleveland, Ohio (Wilfred J. Mahon, of Cleveland, Ohio, on the brief), for the United States.

Before DENISON and KNAPPEN, Circuit Judges, and TAYLOR, District Judge.

PER CURIAM.

The only error alleged and requiring attention is that the judge communicated with the jury after their retirement and not in open court in the presence of both counsel. The facts are that the jury sent word to the judge that they wished to ask a question; he returned instructions to put it in writing; thereupon in writing they asked whether they could have further information on a certain point; in writing he replied that they could not, for the case...

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