Rogers v. State

MORRISON, Judge.

The offense is arson; the punishment, two years.

One of the able counsel for the state, in argument before this court, stated, “We submit that the only serious question in this case is that of jury misconduct.” We agree with counsel.

In order to properly understand the question, we must review briefly something of what occurred during the trial. While the jury panel was being interrogated en masse, testing their qualifications, a member of the panel named Thixton stated that he had received an anonymous telephone call that was bothering him. At this juncture, the remainder of…