Wilson v. State

ON STATE’S MOTION FOR REHEARING.

KRUEGER, JUDGE.

At a former day of this term we reversed the judgment of the trial court and remanded the case on the ground that the jury discussed and considered as a circumstance against the appellant his failure to testify in his own behalf. The State has filed a very cogent motion for rehearing in which our attention is called to the difference between the testimony of the five jurors who testified upon the motion for new trial and their affidavits made and attached to the appellant’s motion.

Upon a critical examination of the case, we find that the…