Bryant v. State

Lyle Brown, Justice.

Appellant was convicted of first rape reversal because of the alleged misconduct of two of the trial jurors.

From the abbreviated record it appears that witness Charles E. Finley testified that on the night of the alleged offense he saw the prosecuting witness with a man other than appellant. Finley was on the witness stand when a noon recess interrupted his testimony. Before the reconvening of court at 1:15 p.m., the trial judges called the attorneys into chambers and made this report:

Now, let the record show that shortly after the recess for. noon, two of the jurors. . .…