Scrivnor v. State

ON APPLICATION TO FILE SECOND MOTION FOR REHEARING.

MORROW, Presiding Judge.

In this case, the opinion on motion for rehearing makes evident that in the judgment of this court, after an examination in every detail of the evidence heard in the trial court upon the motion for new trial, that as to the misconduct of the jury the evidence was conflicting. In the present motion, this is apparently conceded, counsel stating that on the question involved the jury men in their testimony were divided six to five.

The position of the appellant’s counsel is thus quoted from the motion: “We submit that we…