Polanco v. State

ON MOTION FOR REHEARING.

Hawkins, Judge.

We have again examined the bill of exception relating to complaint that the jury discussed the failure of appellant to testify. Nine jurors testified that no reference to or discussion of such fact occurred. If we construe their evidence to mean only that they heard -no such reference it would leave only three jurors who might have heard it. The evidence of the foreman was to the effect that some one mentioned it and he immediately stopped any further talk about it. It seems plain that any such reference was casual only. See Freeman v. State, 118 Texas…