Howell v. State

LATTIMORE, Judge.

Appellant was convicted in the District Court of Floyd County of arson, and his punishment fixed at two years in the penitentiary.

We consider but one question, viz: the misconduct of the jury. It is approved in the seventh subdivision of Article 837 of our Code of Criminal procedure that a new trial shall be granted where the jury, after having retired to deliberate upon a case, have received other testimony. Appellant asked a new trial in this case upon that ground. The court heard the testimony of five jurors. Juror Blake testified, among other things, as follows:

I heard…