Royal v. State

ON APPELLANT’S MOTION FOR REHEARING

BELCHER, Judge.

Appellant again urges jury misconduct for a reversal because they were allowed to separate and talk with persons not members of the jury after the evidence had closed and during the preparation of the court’s charge.

In support of the motion for a new trial there appears in the record an agreed statement of facts which was also signed by the trial judge. The statement of facts recites:

“That on June 11, 1957, after the jury was selected and sworn, they were duly instructed by the court that they were not to discuss this case among themselves,…