Barrow v. State

LATTIMORE, Judge.

Appellant was convicted in the County Court of Chambers County, of the offense of wife desertion, and his punishment fixed at a fine of $100.

The case must be reversed, because of the misconduct of the jury, in that after they had retired to consider of their verdict, they discussed appellant’s failure to testify. All the members of the jury gave evidence upon hearing of the motion for a new trial, stating that the fact of the failure of appellant to testify was discussed. Certain members of said jury stated that they heard Mr. Crone, the foreman, speak of such failure. One of…