¶1 (concurring in result). I concur in the result arrived at in the opinion of Desmond, J. After deliberating for some hours, the jurors returned to the court room and asked: 11 If a man put a gun in his pocket for protective purposes originally, and subsequently used it in the commission of a crime, would that constitute premeditation? ”. To that, the Trial Judge replied: “ I am unable to answer your question in that form, except as already given in my original charge. If you care to have any portion of such charge read, indicate it and I will have it read. You may retire.”
¶2 A reading of the charge of the court shows that it contained no. answer to the question posed.
¶3 Lehman, Ch. J., Lotjghban, Rippey, Lewis and Thacheb, JJ., concur with Desmond, J.; Conway, J., concurs in result in separate opinion.
¶4 Judgment of conviction reversed, etc.