Russell v. State

Whitfield,

J.—Russell was convicted of the felony of grand larceny and took writ of error. The only contention here is that during the absence of the defendant in jail the court ordered the jury brought into court, and the jury returned into court with a verdict. It is not contended that the verdict was tendered by the jury or received by the court in the absence of the defendant. It appears from the record that the defendant was arraigned in open court and entered a plea of not guilty. The trial was had and completed the same day. After the jury had been charged by the court and retired to…