Purswell v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge. —

Appellant calls attention to a matter not discussed in our original opinion. He made affidavit to his motion for new trial in which he averred that the jury considered as a circumstance against him the fact that he did not testify as a witness. The affidavit of no juror or other person who could have knowledge of the fact, if it occurred, was attached to the motion. If any evidence was introduced or tendered upon the hearing to support the allegation it is not brought forward. It is apparent that the averment could not have been based on appellant’s…