Embry v. State

MORROW, Presiding Judge.

— The offense is theft-of cattle; punishment fixed at confinement in the penitentiary for a period of two years.

After the jury had been impaneled and sworn and had heard part of the evidence, one of the jurors was permitted to go to his home twelve miles from the courthouse and spend the night with his family. He went with the consent of the State’s counsel as well as that of the appellant’s counsel, which consent was given in the presence of the appellant. The juror was not accompanied by other members of the jury nor by an officer.

There was an issue in the case…