Lynn v. State

SIMPSON, Justice.

The main question for review on this appeal arises from the asserted error in failing to grant a mistrial and in denying the defendant’s motion for a new trial on the ground of the separation pending trial of one of the jurors from the panel.

Court had adjourned for the afternoon and the jury was to be billeted at the Eureka Hotel, in the county seat. When the jury was still in the jury room one of the jurors found it necessary to go to the rest room and when he departed cautioned a fellow juror not to leave him. A moment or so later when he returned the main body had…