Ray v. Gage

On Hearing on Merits

MASSEY, Chief Justice..

Assuming this court does have jurisdiction of the case on appeal, contrary to the opinion of this writer, then the writer is further of the opinion that the appellant has not preserved any error as to jury misconduct, a point on which he predicates his appeal. This follows in my opinion because the evidence was never offered or introduced pursuant to the amended motion for new trial. It was offered under authority of the original motion for new trial which was presented to the trial judge, but it follows from the opinion of my brothers that the…