
    COMBS v. STATE.
    
      (No. 9660.)
    
    (Court of Criminal Appeals of Texas.
    Jan. 13, 1926.)
    Criminal law &wkey;>956(IO) — Where there was evidence of misconduct of jury, court did not abuse discretion in deciding against accused.
    Where defendant, in prosecution for manufacturing intoxicating liquor, alleged in motion for new trial that juryman had expressed opinion prior to trial, and state controverted motion in this regard, court, after hearing evidence offered, held not to have abused discretion in deciding against contention of accused.
    Appeal from District Court, Grayson County ; F. E. Wilcox, Judge.
    Simmie Combs was convicted of manufacturing intoxicating liquor, and she appeals.
    Affirmed.
    H. H. Cummins, of Denison, for appellant.
    Sam D. Stinson, State’s Atty., of Austin, •and Nat Gentry, Jr., Asst. State’s Atty., of Tyler, for the State.
   LATTIMORE, J.

From conviction in the district court of Grayson county for manufacturing intoxicating liquor, with punishment fixed at one year in the penitentiary, this appeal is taken. -

The record is before us without any exception taken to the introduction or rejection of any testimony, or to the charge of the court. Appellant’s reliance seems to be upon the supposed error of the overruling of her motion for new trial, in which she set up the fact that one of the jurymen who sat in her ease ha'd expressed an opinion prior to the trial. The staté controverted the motion in this regard, and the court heard the evidence offered, and decided same against the contention of appellant. We see nothing evidencing an abuse of the discretion confided in the trial court.

Finding no error in the record, the judgment will be affirmed.  