McKinzie v. State

LATTIMORE, Judge.

Appellant was convicted in the District Court of Anderson County for selling intoxicating liquor, and his punishment fixed at one year in the penitentiary.

Appellant seeks a reversal for two reasons. One, the refusal of a new trial sought upon the ground of misconduct of the jury in that they received testimony after their retirement. An affidavit of one juror is attached to the motion for new trial. Controversy of this proposition is shown by the fact that oral evidence was heard against and for the motion when same was presented to the learned trial judge for his action. It…