Moore v. State

McDonald, judge.

Murder with malice is the offense, with punishment assessed at life imprisonment in the penitentiary.

In view of our disposition of this case, we shall pretermit a discussion of the other contentions raised by appellant and confine ourselves solely to the contention of jury misconduct.

In his motion for new trial, appellant urged that during the jury’s deliberations they received other testimony; that shortly after the jury retired they agreed upon a “guilty” verdict; that there was a ballot taken as to punishment, wherein several jurors were for a suspended sentence, several…