Goldstone v. State

CHRISTIAN, Judge.

The offense is theft, a felony; the punishment confinement in the penitentiary for six years.

In his amended motion for a new trial, appellant set up misconduct of the jury, averring that the jury alluded to and discussed appellant’s failure to testify. It was stated in the motion that the affidavit of a juror touching the matter of misconduct was attached and made a part of the motion. In another paragraph it was alleged that the jury arrived at the verdict by lot, the procedure followed being specifically set forth. The affidavit of the juror stated, in substance, that…