Moore v. State

The state excepted to the motion for new trial because it was not supported by the affidavit of a juror, pointing out that the matters being such as could have transpired only in the jury room, were necessarily hearsay as to appellant and his counsel. The motion shows on its face that as to the attorney the matters were hearsay.

The trial court heard the evidence adduced in support of the allegations and overruled the motion. It does not appear that such order was entered on the state’s exception. Appellant made no effort to explain or excuse his failure to furnish affidavit from a juror or…