State v. Odell

The opinion of the court was delivered by

Thiele, J.:

Defendant was convicted of burglary and larceny and appeals, assigning as error misconduct of the jury and -of the county attorney.

On presentation of his motion for a new trial, defendant showed by one Button, who was a witness against him, that Button was an inmate of the reformatory at Hutchinson, but was confined in the county jail at Fort Scott pending defendant’s trial. It appears that the room in which the jury deliberated was about forty feet east, across an alley, and about fifteen feet higher than the portion of the jail where the…