Buessing v. State

HENDERSON", Judge.

Appellant was convicted’ of arson, and his punishment assessed at five years’ confinement in the penitentiary; hence this appeal.

In the motion for new trial, appellant complains of the misconduct of the jury on two grounds: First, in receiving other evidence after their retirement; and secondly, in discussing the failure of the defendant to testify. With reference to the first of these grounds, it appears from affidavits- of some of the jurors that some question arose as to whether or not certain tracks, which were used in evidence against appellant, may not have been made…