People v. De La Roi

In People v. De La Roi (1944) 23 Cal.2d 692, prior to deliberations, the trial court explicitly told jurors they could not receive any visitors, could not send out communications during deliberations, and had already received "all that is to be said in this case . . . ." (Id. at p. 701.) The Supreme Court found such a blanket denial of communication an "obviously . . . improper" instruction. (Ibid.) Under section 1138, the jury could have sent out a communication whenever it saw fit to do so, and had the right to have testimony read back. (Ibid.)