Bailey v. State

CHRISTIAN, Judge.

The offense is murder; the punishment, confinement in the penitentiary for 99 years.

This is the second appeal. See Bailey v. State, 112 Tex. Cr. R. 550. The present trial was had in Midland County upon a change of venue from Ward County. Reference is made to the opinion on former appeal for a statement of the facts and circumstances surrounding the homicide.

Appellant sought a new trial because of misconduct of the jury. It was averred in the motion that the jury, before deciding upon the punishment to be assessed, discussed the fact that appellant had theretofore had a…