Posey v. State

Appellants were charged by affidavit with the crime of rape and were convicted, after a jury trial, of the lesser included offense of assault and battery with intent to commit a felony.: Error is assigned on this appeal upon the denial of appellants’ motion for a new trial, setting up the statu- , tory ground, “That the jury had received and considered’ evidence, papers, and documents not ‘' authorized by the court.” Other alleged grounds for- a hew trial were set forth in appellants’ motion, attempting: to raise substantially the same question, but as they are not in the form authorized by…