Pate v. State

ON APPELLANT’S MOTION FOR REHEARING

DICE, Judge.

Since the delivery of our opinion, affirming the judgment of conviction, a brief has been filed in behalf of the appellant.

In his brief appellant urges three claimed errors as grounds for reversal of the conviction.

It is first contended that the court erred in refusing to grant a mistrial when, during the course of the trial, a member of the *129jury became ill, which required the treatment of a doctor. While the record shows that during the trial the Juror Smith did become ill and the jury was retired to the jury room where he was treated by a…