Harrell v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

There seems to have been no conflict of evidence or contradiction of the fact that members of the jury, during their deliberation, made comments upon the defendant’s failure to testify and explain his reason for‘transporting the whisky found in his possession. To illustrate, the testimony of juror Smith is as follows:

“I did hear mention of the failure of the defendant to testify while the jury was considering its verdict. I do not remember which juror mentioned it. * * * Some one made the statement that the defendant didn’t take the stand and…