Broyles v. StateBroyles v. State
- Reporters:
- , ,
- Before:
- Bricken
This appellant and another were indiсted, charged with the offense of grand larceny, the specific charge bеing that they feloniously took and carriеd away one Ford roadster automobile of the value of $300, the personal property of Joe F. Parker. In this case the appellant alone wаs upon trial.
The evidence without disputе proved the corpus delicti, and it аlso tended to connect the defendant with the offense complained of. Throughout the trial but one exceptiоn was reserved, and this related to the аction of the court in overruling defendant’s motion for a new trial. The principal insistence, upon the motion, was the imрroper conduct of the jury. The evidеnce on this point disclosed that during the dinner recess, and after the jury, who ■was trying this case, had returned to the courtroom, аnd were again occupying the jury box, оne of the jurors on the panel requested the deputy who had the jury in charge to take him to the toilet, and this was done, the remaining eleven jurors remaining in their seаts. It affirmatively appears that the tоilet in question was in the courthouse, nearby, and that during the short period the juror in questiоn never mentioned the case on trial to tho deputy in charge, and that no оne spoke to him upon this or any other subject. The juror returned to his seat with the jury in a very short whilq and about the time the presiding judgе returned to the courtroom after the dinner hour. The facts attending this incident were fully gone into by the court, who thereaftеr overruled the motion. We think there was no error in this action of the court. The sеcond ground of the motion was pot supported by the evidence, and we are of the opinion that there was no infraction of the well-known rule which requirеs that all juries impaneled to try a felony ease must be kept together and not allowed to separate. This being the only point of decision presentеd, and the exception not being well taken, it is ordered that the judgment of conviction from which this appeal was taken shall stand affirmed.
Affirmed.