How have courts treated the issue of communication between the jury and the judge?

Finally, Bruneman cited State v. Wroth (1896) 15 Wash. 621, 47 P. 106. There the judge went to the jury room in response to a request from the jury and received from them some communication. In response to the argument that the judge said nothing to the jury and, hence, his conduct could not have prejudiced the defendant, it was held that a defendant is not required to depend upon the memory or sense of fairness of the judge as to what occurred between the judge and jury at any time or place when he has no lawful right to be present. '(The defendant's) right in this respect goes to the very substance of trial by jury.' ⁴

The Bruneman court then stated at page 81 of 4 Cal.App.2d, at page 894 of 40 P.2d: