Taylor v. State

ON REHEARING.

February 16, 1921.

LATTIMORE, Judge.

This case was affirmed in an original opinion by Prendergast, Judge, handed down in February, 1918, and is before the court at this time upon appellant’s motion for rehearing, setting up various grounds which will be noticed.

It is contended that the court erred in not passing on and reversing the case in.its original opinion upon the ground that there Was misconduct of the jury in discussing appellant’s failure to testify. The matter is set forth in the seventh ground of appellant’s motion for new trial in which the affidavit of one of the…