Purcell v. State

In a forcible motion ap-pellánt insists that we erred in our holding as to the reversible character of the alleged misconduct of the jury. We have carefully reviewed the testimony in the light of the motion. That Juror R. M. Hill did make reference to the failure of appellant to testify must be admitted; but the manner, surroundings, and probable effect of such reference must not be lost sight of. After stating that he read the court’s charge, wherein the jury were told that the failure of the defendant to testify could not be considered against him, we quote what Mr. Hill swore:

“I read it…