McCoy v. State

MORRISON, Presiding Judge.

The offense is the sale of whiskey in a dry area; the punishment, 30 days in jail and a fine of $500.00.

The only question presented for review is jury misconduct *180in that they secured new and additional evidence during their deliberations.

From the statement of facts on motion for new trial it appears that four jurors testified that during their deliberations one of their number stated that the appellant had bootlegged all his life or for a number of years. One of the jurors testified, “Seems like it might have been mentioned one time,” and the sixth juror stated that…