Golden v. State

LATTIMORE, Judge.

Appellant was convicted in the District Court of Bell County of keeping and exhibiting a gaming table and bank, and his punishment fixed at two years in the penitentiary.

Inasmuch as the case must be reversed, we forego a discussion of the facts.

Appellant asked for a suspended sentence. The jury were out a long time. After they had been out over forty-two hours the trial court sent for them and, as stated in the first bill of exceptions, the following took place:

“The court asked the jury: ‘Have you reached a verdict in this case ?’ The foreman, Mr. Tulloch, replied: ‘We have…