Ex Parte Dowdle

WOODLEY, Judge.

Relator Dowdle, a Midland business man, was a juror in a capital felony case.

During the trial, after the state had rested and the defendant was offering testimony, the trial judge received certain information and instructed the bailiff to communicate it to the juror Dowdle. The message received, the instruction to the bailiff, and his report to the court upon his return from the jury room, were taken down by the court reporter and read:

“THE COURT: The Court has had communicated to it a message pertaining to one of the jurors, Mr. Nash Dowdle, that his wife is now in Dallas,…