PEOPLE v. MERRIHEW


9 A.D.2d 981 (1959)

The People of the State of New York, Respondent v. Russell Merrihew, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 31, 1959


The record as now settled by the Trial Judge does not show defendant's presence before the court when the additional instructions were given by the court to the jury, and we infer from the proceedings taken on settlement of the record that he was not then present. (Code Crim. Pro., § 427; People v. Silver, 234 App. Div. 871.) On the new trial the question whether the exhibit offered in evidence was an "instrument or weapon...

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