Pearson v. State

ON appellant’s motion for rehearing.

DAVIDSON, Judge.

Appellant vigorously assails the correctness of the conclusion of the majority of this court that the facts developed upon the motion for new trial did not show jury separation nor conversing with the jury under the provisions of, and as contemplated by Arts, 668 and 671, C. C. P., respectively.

The facts touching the questions at issue are set forth in the original opinion and need not here be restated. In so far as the facts relate to the issue of the jury separation, it appears that the juror Finney separated himself from the remainder of…