In Stephenson v. State, 494 S.W.2d 900 (Tex. Crim. App. 1973), defense counsel had subpoenaed three jurors who had told counsel about certain jury misconduct and who had said that they would not sign affidavits, but had indicated that they would testify if subpoenaed. Id. at 908. Even though the jurors were present and willing to testify, the trial court refused to allow them to do so because there had been no affidavit, of a juror or other person in a position to know the facts, attached to the motion for new trial. Id. The Court of Criminal Appeals held that the defense attorney's affidavit, swearing to the facts of his conversations with the jurors, was sufficient to have allowed him to present the testimony of the witnesses. Id. at 909. Nevertheless, the error in the trial court's disallowing the jurors to testify was found to be harmless in the absence of any testimony or proffer of testimony offered by defense counsel as to what the witnesses would have said. Id.