Chance v. State

ARMSTRONG, Judge.

The appellant was convicted in the district court of Johnston county, in May, 1909, on a charge of larceny and has perfected his appeal in this court.

There are a great many assignments of error urged here; but we deem it necessary to consider only one of them, as the others are such as are not likely to occur again on a retrial of this.case.

In assignment No. 16, plaintiff in error urges that he is entitled to a new trial on the ground that the court permitted the jury to separate after the cause had been finally submitted. The record shows that, after all testimony had been…