Stewart v. State

BEAUCHAMP, Judge.

The appeal is from a fine of $500.00 and ninety days in jail on appellant’s plea of guilty to a charge of possessing intoxicating liquor for the purpose of sale in a dry area.

The plea of guilty was to the court, but the evidence was presented to the jury who fixed the penalty. On a motion for a new trial three of the jurors were called and gave testimony as to the conduct complained of. Mr. King, the foreman, said that one of the jurors asked if anybody knew whether or not this was Oscar’s first offense of this character. Another juror said, “Well, he had heard that Oscar got…