Opinion
January 15, 1937.
Appeal from the City Court of City of New York, County of New York.
Bernhard Singman [ Albert P. Singman of counsel], for the appellant.
Jenkins, Dimmick Finnegan [ William B. Shelton of counsel], for the respondent.
The papers show that the stenographer was permitted to go to the jury room, after the jury had retired, and to read to the jury a portion of the charge, without the knowledge or consent of counsel. This is too serious an infraction of fundamental safeguards to be condoned.
Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.
All concur. Present — LYDON, LEVY and HAMMER, JJ.