Whitfield v. State

ON MOTION FOR REHEARING.

BERRY, Judge.

— On more mature consideration of the record in this case we feel impelled to say that we were in error in stating that three of the jurors testified for the appellant to the effect that the statement was made in the jury room that the defendant was one of the worst bootleggers around Itasca. The testimony is in a rather confused state in the bill of exceptions and this perhaps accounts for our oversight in the 'matter. We think it clear from a re-examination of the same that only one juror made this statement and we aré convinced now that the evidence of…