People v. Tipton

—The defendant was charged with one Atkins with the crime of grand larceny, for the felonious taking and stealing a cow, the property of one J. M. Corbett.

Defendant was convicted, and appeals from the judgment and from an order denying a new trial.

It appears from the record that at the trial the prosecution offered in evidence the horns of an animal claimed by the witnesses to be the horns of the stolen cow, and that during a recess of the court, and in the absence of the judge and a portion of the jurors, J. V. Gilbert, one of the jurors, picked up and examined said horns, held them in his…