Opinion
Submitted September 28, 1964
Decided October 1, 1964
Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there were presented and necessarily passed upon questions under the Constitution of the United States, viz.: Appellant contended that his and his lawyer's absence from the courtroom during the reinstructing of the jury which had interrupted their deliberations to have re-read a confession of a codefendant implicating appellant affected his substantial rights and therefore constituted a violation of his rights under the Sixth and Fourteenth Amendments to the United States Constitution. The Court of Appeals, passing upon such contention, held that there was no violation of appellant's constitutional rights.