Moore v. State

MORRISON, Presiding Judge.

The offense is the sale of whisky in a dry area; the punishment, six months in jail and a fine of $750.00.

The sole question for review is alleged jury misconduct in that it received new and additional evidence during its deliberations.

The state challenges the sufficiency of the motion for new trial. The motion first recites the jury misconduct which is hereinafter set forth; it then recites, “That the aforesaid information came to the defendant’s attorney from conversations with two of said jurors, to-wit, E. J. Birdwell and T. M. Carrell.” The motion is sworn to by…