Garza v. State

MOTION FOR REHEARING

DICE, Commissioner.

Appellant strenuously insists that we were in error in holding that the trial court did not abuse his discretion in refusing to grant a new trial because of alleged jury misconduct in discussing his failure to testify. It is appellant’s contention that since nine jurors stated that they did discuss his failure to testify and only one juror denied that such discussion was had, *215the trial court’s finding was so against the weight of the testimony as to manifest an abuse of discretion.

Scrivnor v. State, 121 Tex.Cr.R. 565, 50 S.W.2d 329, and Keith v. State,…