Harris v. Smith

The Court of Civil Appeals of the Fourth District reversed this case upon the sole ground of alleged communication by the trial judge with the jury after the jury had begun to deliberate on their verdict. This matter was presented to the trial court by three affidavits attached to the motion for new trial. The substance of these affidavits is that the trial judge, after postponing another case, walked from the bench through the doorway that openg from the courtroom into the juryroom and left the door open and remained just inside the doorway in the juryroom for a short time, and had a short…