Byrom v. State

BEAUCHAMP, Judge.

Upon considering appellant’s motion for rehearing, the opinion approved by this court on the 16th day of November, 1949, is hereby withdrawn and the following substituted in lieu thereof.

This is a conviction for burglary, with punishment assessed at four years’ confinement in the penitentiary.

The sole question presented for review is whether the jury was guilty of misconduct in commenting upon the failure of the appellant to testify.

Upon the hearing of the motion for new trial, all the jurors testified. This testimony has been brought forward in a bill of exception. It would…