James v. State

BOWEN W. SIMMONS, Supernumerary Circuit Judge.

Appellant-defendant, an indigent at the time of the trial and on this appeal, was indicted for burglary in the first degree and convicted therefor. The charge was that of burglarizing the occupied dwelling in the nighttime with intent to steal. The sentence was fifteen years in the penitentiary.

I

Contention one is that the trial court erred in permitting a deputy sheriff, a material witness for the state, to be excused from the invoked rule of sequestration for the witness and permitted him to remain in the courtroom during the trial.

The deputy had…