Slaughter v. State

Though not called to our attention either on original submission or in the state's motion for rehearing, a further examination of the entire record discloses that the question of jury misconduct, made the basis for reversal of this case, was not raised by allegations in appellant's motion for new trial.

In Paragraph VI of his amended motion for new trial, appellant's allegation as to jury misconduct is as follows:

"The Court should set aside the verdict of the jury for the reason that before the evidence had been concluded in the trial of the case, the jury, while lounging about the jury room,…