Gilliland v. State

SIMPSON, Justice.

The defendant appeals from a judgment of conviction of murder in the second degree and a sentence of thirty-eight years in the penitentiary.

The action of the trial court in overruling the defendant’s motion for a new trial because of the improper conduct of the jury in inspecting the clothing of the deceased while deliberating on their verdict is urged as error to reverse. This is the only ruling pending trial meriting discussion.

Following, briefly, is what occurred: The jury room was also used as a witness room, and the coroner left in this room the box containing the…