59 Kan. 599 | Kan. | 1898
The appellant was convicted of the crime of grand larceny. After the trial had closed, and the jury had spent some time in deliberation, they were brought again into the court-room and, upon being admonished as required by law, were by the court permitted to separate for an hour and a half to procure dinner. After reassembling and resuming their deliberations a verdict of guilty was found.
The defendant appeals to this court, alleging the separation of the jury as his principal claim of error. Madden v. The State (1 Kan. 340), is relied upon in support of the claim. In that case several members of the jury were allowed to leave the jury room and go out into the town, unattended by an officer. This was done without the order or permission of the court, and in that respect differs from the present case. This difference between the cases is vital. The Criminal Code (Gen. Stat. 1897, ch. 102, § 274) authorizes a new trial for the following cause: “When the jury has been separated without leave of the court after retiring to deliberate upon their verdict.” The neces
Other claims of error are made. We have examined all of them. They are, however, unfounded. The judgment of the court below is affirmed.