State v. Maheras , 42 Idaho 544 ( 1926 )

The Attorney General confesses error on the ground that after the cause was submitted to them for consideration the jury separated. The record shows that such was the situation and the prosecuting attorney made no counter-showing before the trial court. Prejudice is thereby presumed. (C. S., sec. 9017;State v. Chacon, 36 Idaho 148, 209 P. 889.) Therefore the cause is reversed and remanded with instruction to grant a new trial.