Glass v. State

ON MOTION FOR REHEARING.

DAVIDSON, Judge.

Appellant insists that no discretion is lodged in a trial court to determine injury where the jury has received new and other testimony during its deliberations, within the meaning of Sec. 7 of Art. 753, C. C. P., and that, when a violation of such statute is shown, the granting of a new trial is mandatory. While such is the general rule, yet there are exceptions, .as are pointed out in the authorities cited in our original opinion. However, another very good reason exists why the matter as here presented does not come within the meaning of the statute…