Austin v. State

Citations

• 42 Tex. 355

Syllabus

<p>1. Instructions. The fact that the charge read to the jury on the trial of a criminal cause bore the style and file-mark of another criminal cause, raises no presumption that it had been used on the trial of another party, nor, if applicable to the case, would the fact that it had been so used be a ground for new trial.</p> <p>3. Misconduct of Jury. A statement made by one juror to another, after they had retired to consider of their verdict, in regard to the character of the accused, is not the character of misconduct contemplated by the statute which would authorize a new trial.</p> <p>3. New Trial. To authorize a new trial on account of the misconduct of the jury, it must he shown that the defendant has not received a fair and impartial trial by reason of such conduct.</p>