Scott v. State

BELCHER, Judge.

The conviction is for murder; the punishment, five years.

The disposition hereof makes a summary of the facts' unnecessary.

In its brief, the state does not seek an affirmance of this case because the jury, after retiring to deliberate, received new testimony which was prejudicial to the appellant.

Appellant’s amended motion for a new trial was sworn to by him and supported by the affidavits of Jurors Tucker, Chase, and Wisenhunt. The motion recites that from the beginning of their deliberations, which continued several hours, until shortly before they returned their verdict of…