Bingham v. State

MORRISON, Presiding Judge.

The offense is murder; the punishment, death.

In view of our disposition of this case, a recitation of the facts is not deemed necessary.

Among other things, the motion for new trial alleged that Mr. Berry, one of the jurors, had been convicted of forgery in cause No. 1766 in the district court of Nolan County in April of 1927 and that said conviction had not been set aside nor had the juror been pardoned. Attached to said motion was a certified copy of the Nolan County judgment.

At the hearing on the motion appellant’s counsel made the following inquiry of the court,…