Akers v. Epperson

On Appellant’s Motion for Rehearing.

NORVEL, Justice.

Appellant has filed a motion for rehearing of his application to certify points of dissent to the Supreme Court. Two questions or, points are suggested in the motion to certify, the first question is one of fact rather than of law and consequently we adhere to our ruling insofar as that question is concerned. Liberty Film Lines v. Porter, 136 Tex. 49, 146 S.W.2d 982, 987; Perry v. Greer, 110 Tex. 549, 221 S.W. 931.

The second point suggested, that relating to alleged jury misconduct, does, however, present a question of law. Upon further…