Manley v. State

HAWKINS, Judge.

— Conviction is for burglary. Punishment, two years in the penitentiary.

Only one question is before us, viz, alleged misconduct of the jury in considering and discussing the failure of appellant to. testify. This was made an issue upon the hearing of the motion for new trial, and after the evidence of the jurors was heard the trial judge announced his finding upon the facts as follows:

‘ ‘ The Court finds, as a matter of fact, that there was no discussion in the jury room about the failure of the Defendant, to testify.

The Court-finds, as a matter of fact that one juror remarked…