California Supreme Court July 15, 1864 (People v. Chares)

By the Court, Rhodes, J.

The defendant was indicted for an assault with the intent to commit murder. After the jury had retired to consider of their verdict, they were returned ‘into Court, at their request, for further instructions, and the Court gave them oral instructions in explanation of the instructions previously given. The defendant was present, but neither consented nor objected thereto.