Calloway v. State

MORROW, Presiding Judge.

Theft of an automobile is the offense; penalty, assessed at confinement in the penitentiary for ten years.

The indictment contains an averment that prior to the commission of the present alleged offense, namely, on the 23rd day of March, A. D. 1927, the appellant was convicted of the theft of property over the value of fifty dollars in cause No. 30,493, in the Criminal District Court of Tarrant County.

It is averred in the document denominated “Defendant’s Motion to Set Aside Verdict and Judgment,” that there was misconduct of the jury in discussing the appellant’s…