State v. Bell

Napton, J. —

This was an indictment for burglary and larceny upon which there was a conviction and sentence of 'the court to five years imprisonment in the peniten*634tiary. The points relied on for a reversal of the judgment are, 1st. That an instruction asked by the counsel for defendants was refused. 2nd. That the record does not show affirmatively that the defendants were present during the entire trial. 3rd. That one of the jurors separated from the others during the trial without leave of the court or the consent of the defendants.

1. practice: instructions; evidence. First, The instruction…