Henderson v. State

on state’s motion for rehearing.

LATTIMORE, Judge.

— The State moves for a rehearing, urging that we erred in our former opinion in holding it to be shown that during their deliberations the jury herein discussed a prison break and the killing of a guard, which had taken place the day before, and in saying in our opinion “This was * * * imputing to appellant a bad reputation which was highly prejudicial to him, and this was not controverted by the State.” It is insisted that the trial court heard the four jurors who testified on the hearing of the motion for new trial, and found from their…