Bloxom v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

— It is claimed that juror Darrell, during the deliberation of the jury, said:

“I don’t believe in so much of this suspended sentence business. I think the suspended sentence has been abused.”

We regard this statement as in the nature of an argument and not any declaration of facts the proof of which would be available to the accused on the hearing of the motion for new trial or which constituted misconduct of the jury. See Jack v. State, 20 Tex. Crim. App. 660; Todd v. State, 93 Tex. Crim. Rep. 554. Neither is the statement deemed such as…