Carter v. State

ON MOTION FOR REHEARING

LATTIMORE, Judge.

Refusal of new trial sought for misconduct of the jury was denied by the trial court, and we upheld his action. This is the only complaint against our opinion in the motion for rehearing.

Upon presentation of the motion for new trial the court heard the testimony of eleven jurors who sat in the case. The issue made was that appellant’s failure to testify was discussed in the jury room. We have carefully examined the testimony of each witness. Most of them indicated that at some of the frequent readings of the court’s charge while the jury was…