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D testified in his own defense. D concluded direct examination at 4:55 p.m. Tuesday. When the court recessed for the night, and after the jury departed, P asked the judge to instruct petitioner not to discuss the case overnight with anyone. Throughout the trial, the judge had given the same instruction to every witness whose testimony was interrupted by a recess. D objected, explaining that he believed he had a right to confer with his client about matters other than the imminent cross-examination and that he wished to discuss problems relating to the trial with his client. The court issued the order for P. D was convicted and appealed.

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