Barnard v. State

on rehearing

May 12, 1920.

LATTIMORE, Judge.

The only contention made in appellant’s motion for rehearing is, that the jury arrived at their verdict by lot, and that in declining to reverse for this, we were in error. In view of the insistence of appellant, we have again carefully examined the facts presented in support of this ground of his motion for new trial, and the authorities cited by appellant.

Each of the twelve jurors appeared and gave testimony upon the presentation of said motion, and the trial court, in deciding this ques tion of fact, held against the claim of appellant. It appears…