Bobo v. State

Townsend, Presiding Judge.

1. “The law is, in the trial of felony cases, that if any irregularity is showh in the conduct of the jury or the officers that have them in charge, the burden is upon the State to show that the accused is not injured by such misconduct.” Smith v. State, 122 Ga. 154, 155 (50 S. E. 62). “It has long been the rule in Georgia that the separation of a jury, without the consent of the defendant or the defendant’s counsel, is prima facie error, and where . . . no countershowing is made by the State tending to show that the defendant was not, and could not have been harmed…