Miles v. State

Appellant was tried and found guilty by jury on an indictment for rape and sentenced to imprisonment in the State Prison. His motion for new trial was overruled and the ruling is assigned as error. Affidavits and counter-affidavits were considered as evidence in support of specifications of the motion and have been brought into the record by bill of exceptions. The affidavits .disclose without controversy that after the jury had been deliberating five or six hours the judge proposed to reread the instructions, called to the courtroom the appellant’s attorney (who does not appear in this…