Randall v. State

LATTIMORE, Judge.

Conviction for robbery; punishment, five years in the penitentiary.

We find in the record two bills of exception, each presenting sup posed error dependent upon proof of misconduct of the jury. It was claimed that the jury took into consideration appellant’s failure to take the stand and testify. Appellant introduced one juror. After affirming that there was no discussion in the jury room of appellant’s failure to testify, the juror said, on direct examination, that he did consider the fact that appellant did not take the stand. On cross-examination this juror said that he…