Jenkins v. State

The motion for new trial in this case is on the general grounds only. The bill of exceptions assigns error on the denial of the motion for new trial and also on the ground that, in the absence of the defendant and *300his counsel, the court called the jury in and had a conversation with them as to how they stood; the court was informed that they were hopelessly deadlocked, with 8 for conviction 2 for acquittal and 1 noncommittal, and the court then sent the jury back to deliberate further. The assignment of error then states: “Neither defendant nor counsel was aware of the above remarks until…