Wells v. State

MORRISON, Judge.. The offense is murder; the punishment, five years in the penitentiary. - ■

*593No contention is made that the evidence is not sufficient to support the verdict.

Bill of Exception No. 1 complains of the separation of the jury. Bill of Exception No. 2 complains of the overruling of the motion for new trial based on the grounds of the separation.

Our most able state’s attorney has confessed error herein. These bills show that after the close of the state’s case, the county attorney, the defendant and his attorney, all agreed and so announced to the court that the jury impaneled and…