Lout v. State

LATTIMORE, Judge.

Conviction for transporting intoxicating liquor; punishment, one year in the penitentiary.

We see no need for a discussion of the facts, in view of our conclusion 'that this case must be reversed for misconduct of the jury. On hearing of the motion for new trial all twelve of the jurors testified. The matters relied on as misconduct were discussions of appellant’s failure to testify, and the statement by a juror or jurors in the jury room, without any testimony to warrant same, that appellant had been tried and convicted for chicken stealing. Six jurors affirmed that these…