Jordan v. State

MORRISON, Judge.

The offense is the unlawful sale of whiskey in a dry area; the punishment, a fine of $1,000.

From the statement of facts on motion for new trial, it is obvious that the juror Lambert, while the jury was deliberating, told his fellow jurors that he had on a prior occasion bought whiskey from the appellant.

The state sought to avoid the effect of this receipt of new evidence by eliciting from the jurors the assurance that such new evidence, though discussed, was not “considered” by them in reaching their verdict.

The presumption arising from the receipt of testimony damaging to the…