Osborne v. State

Christian, Judge.

The offense is accomplice to theft; the punishment, confinement in the penitentiary for two years.

After the jury had been impanelled they were permitted to separate during the time of the trial and go to their respective homes unaccompanied by officers. Also during the trial they were permitted to separate and mingle generally with spectators in and about the courtroom. The bill of exception recites that the district attorney and counsel for appellant agreed to the separation. Appellant did not in person agree to the matter, but made no objection.

The court fell into error in…