Kellum v. State

LATTIMORE, Judge.

—Appellant was convicted in the District Court of Wise County of burglary, and his punishment fixed at confinement in the penitentiary for a period of' two years.

There appears in the record no bills of exception taken either to the charge of the court, or to the introduction or rejection of any evidence. The only complaint that appears to be made here on behalf of the accused is of the fact that the jury while in their retirement discussed appellant’s failure to testify. The motion for new trial setting up this alleged misconduct of the jury is not sworn to by appellant or…