State v. Grogan

MITCHELL, Judge.

The defendant assigns as error remarks made by Judge Bailey in the presence of the jury during the second trial of this action. After the jury had commenced its deliberations, it requested that certain photographs be sent to the jury room. Only one, the photograph of an automobile, had been introduced into evidence. The defendant consented to this photograph being sent to the jury room but did not consent to the remaining photographs being sent there for the jury’s consideration. Judge Bailey then had the jury returned to the courtroom and stated:

Ladies and gentlemen of the…