Jones v. State

CALHOUN, Judge.

The offense, assault with intent to murder; the punishment, confinement in the penitentiary for five years.

In his motion for new trial, appellant alleged that, the jury, after retiring to deliberate upon the case, received other testimony before their .verdict had been reached or agreed on, and that said evidence so obtained by the jury was not adduced on the witness stand against the appellant. Appellant’s bill of exception shows that the testimony complained of had not been received in evidence during the trial. The testimony heard by the court on the motion, as shown by said…