Garner v. State

Sognier, Judge.

Appellant was convicted of burglary.

1. Appellant contends the trial court erred by failing to disqualify jurors who had discussed the case, and denying his motion for a mistrial on the same ground. The sheriff testified that after the evidence was closed he stepped outside the courtroom and three lady jurors were in the hall. One of them asked about the sheriffs wife, and one of them asked the sheriff why they did not put “the girl” on the stand. The sheriff stated he could not answer her question or discuss the case. The juror then stated she had never been on a jury before,…