Warfield v. StateWarfield v. State
delivered the opinion of the court.
It is shown by tbe affidavit of Maganos that tbe defendant was out of tbe court room during a part of tbe time tbe petit-jury was being inipaneled. Tbe district attorney did not see proper to introduce any counter affidavit, nor was there cross-examination of the witness Maganos. It, therefore, on this record, remains true that the defendant was not in tbe courtroom during a part of the very important proceeding of impaneling tbe jury. Under the authority of Sherrod v. State,