Ballou v. State

LATTIMORE, Judge.

Conviction for theft of a mule; punishment, two years in the penitentiary.

After the jury had retired to consider the case, they asked to have the testimony of certain witnesses read to them. They were in the court room for the purpose of hearing said testimony. Appellant was present. He was on bond. Before all the testimony was read appellant left the court room of his own accord without notifying the judge or counsel of his going. He seems to have gone to the district clerk’s office where his wife and child were, and remained away some little time during which the reading of…