Puett v. Brady

The assignments and propositions submitted by appellant relate solely to alleged misconduct of the jury and communications by the trial judge with the jury during its deliberation on the verdi'ct.

There is no statement of facts in the record. The amended motion for new trial setting up the alleged misconduct of the judge and jury is verified by appellant’s affidavit. The bill of exception supporting the assignments affirmatively shows that no evidence was offered in support of the motion.

In Smith v. Harris, 252 S. W. 836, the Court of Civil Appeals reversed the case solely because of alleged…