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Eventually amount to an acquittal.
09-14-11




Affidavits of this character are not permissible as a means of attacking the verdict of the Jury. A juror is not permitted to attack his verdict in this manner. This affidavit stands alone, and is not supported by any of the other Jurors; but, in any event, this character of affidavit is not receivable to set aside the verdict . The North Face Coupon affidavit of T. B. Waldrlp was attached to the motion for new trial, stating that he was a member of the jury which tried appellant, and that after the jury had retired to consider their verdict, and during its deliberations, some member of the jury, whose name he did not recall, suggested that the baby or child of the prosecutrix which was on exhibition before the Jury during the trial resembled or favored the defendant, and that after such suggestion it became the consensus of opinion of the Jury that defendant was the father of tbe child, and that such determination or fact so concluded convinced him and the rest of the Jury that thethe prosecutrix. This affidavit excludes any error on the part of the Jury, as we understand the statement, injurious to appellant. If the child was on exhibition before the Jury, it was proper subject of discussion among the jurors. There was no objection, so far as this record is concerned, to the exhibition of the child, and it went before the Jury for whatever it was worth. . Another affidavit signed by Mr. Randolph states that on the morning of the th of October he was engaged in conversation over the telephone with H. A. Turner of Midway, Tex.; that during said conversation the said II. A. Turner told him that he was foreman of the grand jury at the time the bill of indictment against appellant was returned, and that prosecutrix testified before that body that at the time the alleged offense was committed she was asleep, and did not know anything about it until It was all over, when she was awakened by the defendant, Nike Shoes Australia who told her not to say anything about It; that Is, he says, is The North Face Sale the substance and meaning of the North Face Coupons conversation. We do not understand how this could be of service to the appellant. If, as a matter of fact, she was asleep, and appellant had intercourse with her while she was asleep, It certainly would prove the fact that he had penetrated her and had North Face Sale Intercourse with her. The affidavit of Mr. Turner Is not proof of the record. The matter is hearsay as presented.fb . Another affidavit attached Moncler Outlet to the motion for new trial was made by Jim Vaughn, who says that on the morning of the th of October he had a conversation with Mrs. Fannie Dorman at her home in Madison county, and that the said Mrs. Fannie Dorman told him that she would testify that Zadle Mason, prosecutrix, was more thanyears of age prior to Junethat her son, Spencer Dorman, was born November , S, and while her said son was a mere baby, and had not reached the age when he could walk, she and her husband moved to J. R. Hightowers place north of Madlsonvllle and went into the house vacated shortly before that by Zadle Masons parents, and that at this time Zadle Mason had reached the age when she was able to walk and run about. This does not come within the rule of newly discovered evidence in such manner that it can be considered. Mrs. Dorman was not produced nor offered on the trial of the motion for a new trial, nor is her affidavit attached. The statements in the affidavit are purely hearsay. If in fact Mrs. Dorman knew the age of the girl to be overyears at the time of the alleged rape, she ought to have been produced, or at least there ought to have been sufficient diligence to secure this fact before the court by affidavit or the producappeal from Ellis County Court; J. T. Spencer, Judge.Lee Black was convicted of crime, and he appeals. Affirmed.Tom P. Whipple, for appellant. John A. Mobley, Asst. Atty. Genfor the State.RAMSEY, J. On Marchan Indictment was returned in the Cheap North Face district court of Ellis county charging appellant with unlawfully and willfully failing and refusing to keep Nike Australia up certain stock, and with unlawfully

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