Alfonso v. Garza v. State Texas

Appellant strenuously insists that we were in error in holding that the trial court did not abuse his discretion in refusing
to grant a new trial because of alleged jury misconduct in discussing his failure to testify. It is appellant's contention
that since nine jurors stated that they did discuss his failure to testify and only one juror denied that such discussion
was had, the trial court's finding was so against the weight of the testimony as to manifest an abuse of discretion.