POWELL, J.
Floyd Rutherford, hereinafter referred to as defendant, was charged in the district court of Muskogee county with the crime of murder, was tried before a jury, convicted, and his punishment was by the jury fixed at life imprisonment in the State Penitentiary. Appeal has been duly perfected to this court.
For reversal counsel for defendant has assigned five specifications of error, and being:
"1. The court permitted the jury to separate overnight...
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