Moray v. State

HARPER, Judge.

Appellant, under an indictment found by the grand jury, was tried and convicted of burglary, and his punishment assessed at five years in the penitentiarjL This is the second appeal in this case, the judgment on the former appeal being found in 61 Texas Crim. Rep., 547, 549, 135 S. W. Rep., 569. In his amended motion for new trial, defendant alleges the misconduct of the jury, and states that his failure to testify on this trial was discussed by the jury after their retirement. It -is apparent from the record that the court heard evidence on the allegations in the motion; this…