Haltom v. State

On the proposition that there is a conflict between our opinion in this case, and in what we said in Rees v. State,278 S.W. 451, and that the latter case is right — appellant asks leave to file a second motion for rehearing. We find no such conflict. In the Rees case, supra, we said in the opinion that there was no denial of the alleged misconduct of the jury. In the instant case we say in the opinion that one juror on the hearing of the motion for new trial, affirmed misconduct; but many other jurors denied it. In the Rees case no issue was made of conflicting testimony; in the case before…