Clark v. State

DAVIDSON, Judge.

This is a conviction for cutting merchantable timber upon the land of another without the consent of the owner, with punishment assessed at three years in the penitentiary.

The record affirmatively reflects that, during the trial of the case and during the introduction of testimony, it was made known to the trial court that the wife of one of the jurors in the case was seriously ill. The trial court communicated to and discussed such facts with both counsel for the state and for the appellant and, as a result, all parties, including the appellant in person, agreed to excuse the…