Wakefield v. State

Reeves, Associate Justice.

One of the grounds of the motion for a new trial in this case is that a member of the *557jury separated from his fellows during their deliberations, unaccompanied by an officer. The code provides that “ after a jury has been sworn and impaneled to try any case of felony, they shall not be permitted to separate until they have returned a verdict, unless by permission of the court, with the consent of the District Attorney and the defendant, and in charge of an officer.” (Art. 3070.) It is not pretended that the juror conversed with any person in regard to the case, or…