Haltom v. State

On the proposition that there is a conflict between our opinion in this case and in what we said in Reese v. State, 102 Tex. Cr. R. 511, 278 S. W. 451, and that the latter ease is right, appellant asks leave to fila a second motion for rehearing. We find no such conflict. In the Reese Case, supra, we said in the opinion that there was no denial of the alleged misconduct of the jury. In the instant case we say in the opinion that one juror, on the hearing of the motion for new trial, affirmed misconduct, but many other jurors denied it. In the *1100Reese Case no issue was made of conflicting…