Wiley v. State

MORRISON, Presiding Judge.

The offense is murder; the punishment, death.

We are met at the outset with two questions of jury misconduct. Nine members of the jury testified at the hearing on the motion. The only question before the jury at the time of the following occurrence was whether they should assess appellant’s punishment at life imprisonment or death. Some of the jurors remembered that they stood six to six, while others remembered that the vote stood nine for death and three for life, and one juror remembered that the vote was eleven to one. Be this as it may, they all agreed that some…