Tutt v. State

BROOKS, Judge.

In separate counts the indictment charges theft from the person and robbery. The State elected to rely upon the second count and appellant was convicted thereon, and his punishment assessed at ten years confinement in the penitentiary. The only question we deem necessary to review is. the misconduct of the jury. Attached to the motion for new trial is the affidavit of H. E. Seyster who swears that he was a member of the jury that tried appellant. After the jury received the charge of the court and while they were considering their verdict, and before they had agreed, one of the…