Cox v. State

Burglary in the second degree; sentence: three years' imprisonment and $1,500 restitution paid to the victim in consecutive monthly installments of $50.

Sometime during the evening of December 19, 1979, or the early morning of December 20, 1979, the appellant burglarized Burger's Clothing Store in Guntersville, Alabama. The only issue appellant presents for review is whether a mistrial should have been granted because a juror was seen talking to a State's witness in the hallway during a brief recess in the proceeding. The following events occurred at trial:

"THE COURT: Ladies and gentlemen of…