Lera v. State

ON STATE’S MOTION FOR REHEARING

HAWKINS, Presiding Judge.

In view of the State’s motion we have again reviewed the evidence on the issues- raised by the motion .for new trial and the findings of fact by the very able trial judge. He realized the seriousness of the question raised by the substantial averments in the motion that, while the jury was divided as to the penalty, some jurors stated in the jury room that appellant’s mother had been making bootleg liquor in the same house where appellant lived; that appellant was a bootlegger and had been practically raised in an atmosphere of crime;…