Fisher v. State

Townsend, Judge.

1. Error is assigned in the first special ground of the motion for new trial because during the course of the trial the two court bailiffs escorted the jury to a hotel where they Were separated and assigned to and spent the night in separate rooms; each of the bailiffs occupied a separate room with one juryman; both bailiffs went to sleep shortly before midnight, slept several hours, and did not see the remaining ten jurors until they met at breakfast the next morning. The failure of the bailiff to look after the jury at all times and to remain with the jury and awake at all…