Steward v. State

OPINION

By the Court,

McNamee, C. J.:

Appellant was convicted of first degree murder. The jury by its verdict fixed the penalty at death. Appeal is taken from the judgment and order denying appellant’s motion for a new trial.

The only question raised on appeal is whether the trial court over the objection of appellant erred in permitting the jury to view a truck and the inside thereof outside the courtroom and without the presence of defendant and his counsel. It was not the same truck that the victim had been killed in but according to the evidence it was one identical therewith. The view was…