Judgment unanimously affirmed.
Memorandum:
In affirming we would point out that it does not appear from the record that the defendant was present or given an opportunity to be heard when the court, in answer to an inquiry from the jury transmitted by a court officer, after the jury had retired to deliberate, permitted certain exhibits to go to the jury and sent word to them that the bullet was not recovered. The respondent urges that in a noncapital case defendant...
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