Morton v. Commonwealth

HOGG, Judge.

Kenneth Morton was convicted of committing an assault with an offensive weapon with intent to rob, and his punishment was fixed at life confinement in the state penitentiary. Pie appeals from the judgment. His grounds for reversal are: (1) the court erred when, in the presence and hearing of the jury, the court asked the attorney for appellant if he had any objection to the jury separating during the lunch hour; (2) the court erred in permitting the jury to separate and mingle with others in the courthouse during a five-minute recess; (3) the court erred by not placing the jury in…