Crabtree v. State

The sole proposition that prevents unanimity in the case at bar is, did the trial court admonish the jury when declaring a recess. I could readily agree with what my learned associate recites in his dissenting opinion, if the record affirmatively supported his conclusions. But it is not so established in the record. It does not appear that the court did not admonish the jury, during the recess in question, not to talk about the case among themselves or permit others so to do. If the record so showed, then under a long line of decisions we would be compelled to reverse this case.

The record…