Hutchins v. State

— The appellant was convicted in the circuit court of the crime of rape.

He assigns as error on this appeal, that the court overruled his motion for a new trial.

Among the reasons urged in favor of the motion was alleged misconduct on the part of the deputy prosecuting attorney and also on the part of one of the jury.

The first charge of misconduct was that the deputy prosecuting attorney, who assisted the State in the prosecution of said cause, after the jury had been charged and sent out by the court in the custody of a sworn bailiff to consult as to their verdict, held a private conversation…