The Warden's version of what might have happened had the trial court been made aware of the jury's inquiry acknowledges neither the right of the defendant and his counsel to be made aware of the jury's question nor the role of trial counsel in the trial court's formulation of a response to a jury inquiry. See, e.g., Jones .v State, 259 Ga. 603 (2) ( 385 S.E.2d 400) (1989); Waldon v. State, 189 Ga. App. 133 (2) ( 375 S.E.2d 128) (1988). Furthermore, a finding of harmless error is appropriate where the bailiff merely repeated what the trial court had instructed the bailiff to tell the jury (see Hollis v. State, supra, 191 Ga. App. 525 (1)), or where the communication did not materially affect the outcome of the case (see Logan v. State, 266 Ga. 566 (2) ( 468 S.E.2d 755) (1996)), or was not in the nature of a charge or recharge.
Speed v. State, 270 Ga. 688, 690 (2) ( 512 S.E.2d 896) (1999). See Jones v. State, 259 Ga. 603, 604 (2) ( 385 S.E.2d 400) (1989). 2. Gosnell contends that questions directed to a doctor who examined the victim and the detective investigating the case were improper because they elicited opinions regarding the ultimate issue in the case: whether the victim was molested and whether Gosnell committed the crime.
See, e.g., Tiller v. State, 96 Ga. 430 (1) ( 23 S.E. 825) (1895) (during argument of counsel to jury); Seay v. State, 111 Ga. App. 22 (3) ( 140 S.E.2d 283) (1965) (during colloquy between jury and judge); Palmer v. State, supra (during jury view); Martin v. State, 160 Ga. App. 275, 278 (2) ( 287 S.E.2d 244) (1981) (during jury view of evidence); Collins v. State, 191 Ga. App. 289 (2) ( 381 S.E.2d 430) (1989) (during recharge to jury). Compare Jones v. State, 259 Ga. 603 (2) ( 385 S.E.2d 400) (1989) (absence of defendant not shown); Stone v. State, 177 Ga. App. 750 (1) ( 341 S.E.2d 280) (1986) (brief colloquy before jury selection). The right extends to jury selection, "when a defendant may challenge prospective jurors `simply on the basis of the sudden impressions and unaccountable prejudices we are apt to conceive upon the bare looks and gestures of another.'