Gray v. State

CHRISTIAN, Judge.

The offense is murder; the punishment confinement in the penitentiary for fifteen years.

Appellant calls in question the sufficiency of the evidence to support, the conviction. The state relied entirely upon circumstantial evidence. The evidence, if sufficient, is very meagre. However, in view of the disposition made of the case, we deem it unnecessary to discuss the evidence and pass on the question of its sufficiency.

In his motion for a new trial, appellant alleged that the jury, after retirement to deliberate upon the case, received other testimony, in that one of the…