Alabama Court of Appeals February 26, 1935, 7 Div. 138. (Gibson v. State)

RICE, Judge.

It is definitely settled in this state that, when the jury trying one charged with a felony, as here, are allowed to separate during the trial, the burden is cast upon the state, in a proper proceeding, of showing that “no abuse [meaning harm to the defendant] resulted from the separation.” Thompson v. State, 23 Ala. App. 565, 129 So. 297, 298; Arnett v. State, 225 Ala. 8, 141 So.