Edwards v. State

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for bookmaking. Punishment was assessed by the jury at five years, probated.

Appellant contends that the trial court erred by communicating orally with the jury after deliberations had begun, in violation of Art. 36.27, V.A.C.C.P.

During the punishment stage of the trial, the jury sent a note to ’the court stating, “We are hung.” Appellant promptly moved for a mistrial, which motion was overruled. The record reflects that the following then transpired:

“MR. MERRILL [defense counsel]: Comes now the Defendant, William Glenn Edwards, and…