Goode v. State

(dissenting). — My associates are reversing this case for alleged misconduct of the jury, that is, because it was claimed that the jurymen were conversing with, or being conversed with by, an outsider. I emphatically dissent, and assert:

First, that all that was said by or to any juror was in testimony before the trial court when he passed on the motion for new trial.

Second, that the testimony heard entirely refuted and overcome any idea that the case was referred to or discussed.

Third, that it showed but the innocent act of an old man coming down the street to where a group of other men were,…