State v. Moss

The opinion of the court was delivered by

McEnery, J.

The defendant was indicted and tried for murder and convicted for manslaughter. He was sentenced to imprisonment at hard labor for five years.

His defence is that there was during the trial, a separation of the jury.

The deputy sheriff who had charge of the jury, in his testimony, on a motion for a new trial, says:

“ When we would take them to the rear in the daytime, some of them would be contrary and fool around. We would carry them to the privy that belonged to the court house, which was a privy in general use by anybody that wished to use…