Phariss v. State

ON APPELLANT’S MOTION FOR REHEARING.

DAVIDSON, Judge.

A statement of the facts adduced upon the hearing of the motion for new trial is now before us.

Five of the jurors testified upon the hearing. The juror Akin testified that during the deliberations of the jury and before a verdict had been reached, the foreman of the jury, Deans, made the statement:

“I don’t care much for Phariss or his character; several years ago he was hauling sand from my place and stole several loads from me and stole some other things out of my barn.”

The other four jurors called to testify disclaimed having heard Deans…