Hallmark v. State

MORROW, Presiding Judge.

Appellant was charged with the ■offense of burglary, and upon a plea of guilty was convicted; his punishment being fixed at confinement in the penitentiary for a period of two years.

Reversal is sought upon the ground that the jury, in its retirement, received other testimony prejudicial to the appellant.

The testimony of two jurors was taken. The juror Cobb said that he had heard a discussion of appellant’s connection with the theft of $201 from a Mr. Johnson at the Greer Hotel. The juror, however, was unable to state whether this occurred while he was serving on the…