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BOBO v. STATE

38881.

103 Ga. App. 685 (1961)

120 S.E.2d 203

BOBO v. THE STATE.

Court of Appeals of Georgia.

Decided May 12, 1961.

Attorney(s) appearing for the Case

Fullbright & Duffey, Harl C. Duffey, Jr., for plaintiff in error.

Horace T. Clary, Assistant Solicitor-General, Chastine Parker, Solicitor-General, contra.

TOWNSEND, Presiding Judge.

1. "The law is, in the trial of felony cases, that if any irregularity is shown in the conduct of the jury or the officers that have them in charge, the burden is upon the State to show that the accused is not injured by such misconduct." Smith v. State, 122 Ga. 154, 155 (50 S. E. 62). "It has long been the rule in Georgia that the separation of a jury, without the consent of the defendant

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