Roberson v. State

ON appellant’s motion for rehearing

WOODLEY, Judge.

The sole question raised on this appeal is the failure of the trial judge to grant appellant’s motion for new trial because of claimed jury misconduct.

The motion for new trial alleging the receipt of other testimony by the jury, after their retirement, and their discussion of certain statements made by the bailiff, is sworn to by appellant. It is not supported by affidavit of any juror or other person in position to have known the facts. Such a motion has been held to be insufficient. See Moore v. State, 155 Texas Cr. Rep. 147, 232 S.W. 2d…