Vaughn v. State

Appellant's attorney has filed a full and exhaustive motion for a rehearing herein, and on account of the severity of the penalty we will endeavor to consider each point raised therein, although they may have been already noticed in the original opinion.

He first complains of the misconduct of the jury, and insists that there was a discussion of appellant's failure to testify on the trial hereof. All twelve of the jurors were called and examined on this proposition, and while it might be inferred from the mass of testimony adduced thereon that Mr. Abadie mentioned the fact that the defendant…