Freeman v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

Appellant calls attention to his complaint that the jury discussed his failure to testify. The evidence developed on the hearing of the motion for new trial was brought forward by statement of facts and not by bill of exception, and in some way the point was overlooked.

We have examined the evidence taken from the jurors regarding the matter and think the trial judge properl)7 ruled against appellant on the point. It seems that one of the jurors said he wondered why appellant did not testify, and the foreman of the jury remarked that this was a matter…