O'Berry v. State

This is an appeal from a conviction of assault with intent to ravish for which the appellant was sentenced to twelve years' imprisonment.

The appellant urges this court to reverse his conviction for two reasons: (1) Because the trial court refused to declare a mistrial after discovering that the docket sheet and court file, which were not in evidence, had been with the jury during its deliberations and (2) because of the admission into evidence of a subsequent criminal offense committed by the appellant.

I

There is no dispute over the fact that the docket sheet and the court file were in the…