Davis v. State

I am unable to agree with my brethren that appellant’s, motion for rehearing should be granted and state my reasons therefor.

The amended motion for new trial and the juror’s affidavit made a part thereof by reference alleged that the jury was guilty of misconduct because they “discussed at length” the fact that the defendant did not take the stand in his own behalf.

Art. 710, C.C.P., reads as follows:

“Any defendant in a criminal action shall be permitted to testify in his own *176behalf therein, but the failure of any defendant to so testify shall not be taken as a circumstance against him, nor…