Cates v. State

ON APPELLANT’S MOTION FOR REHEARING.

CHRISTIAN, Judge.

— Appellant insists the record discloses that the jury were guilty of misconduct in discussing his failure to testify. We have again examined the testimony adduced on the motion for new trial and are constrained to overrule his contention.

The first juror introduced by appellant on the hearing of the motion testified that appellant’s failure to take the stand was not discussed among the jurors. However, he said that he heard the matter mentioned but that the juror making such mention was promptly reproved.

The second juror testified that…