Garcia v. State

ON appellant’s motion for rehearing.

DAVIDSON, Judge.

Appellant insists that in overruling his contention that the jury received other testimony during their deliberations, we did violence to the rule prohibiting speculation as to inquiry in such cases.

We disclaim any intention of so holding. What we held was this: The fact that the jurors, during deliberation, saw appellant and his material witness, Josephine Reyes, together, and commented upon that fact, did not, nor did their reference to the indeterminate sentence law, constitute receipt of other testimony, within the meaning of Sec. 7 of…