Frazer v. State

ON REHEARING.

LATTIMORE, Judge.

Appellant predicates her motion for rehearing upon the proposition that there was misconduct on the part of -the jury which matter was not discussed by us in the original opinion, the misconduct consisting of the receiving of testimony of a ma- . terial character and nature which had not been given by any witness, it being stated in the; motion for new trial that three or more men on the jury testified in the jury room as to the fact of powder burns and the distance at which powder from a gun or pistol would leave powder burns, and how far powder burns would…