State v. Dallas

The opinion of the Court was delivered by

Poché, J.

The accused appeals from a conviction of larceny, and his bill of exceptions, taken" to the ruling of the Judge on his motion for a new trial, shows the following facts which occurred in the jury room:

In a conversation between two deputy sheriffs who had charge of the jury, and who were then serving a meal to them, one of the deputies, speaking of the accused, stated within the hearing of the jury that the penitentiary would bo no new thing to him, as he had been there once before.

Later on, during the deliberations of the jury, the deputy…