Alford v. State

BROWN, Justice.

On the first trial of the petitioner, under the indictment for murder, as the pleas of former jeopardy aver, the jury brought in a verdict finding the defendant guilty of manslaughter in the first degree, without fixing the punishment for the offense.

The pleas further aver that, “the court instructed the jury to return to the jury room and consider, determine and report to the court the punishment the jury fixed under said verdict, and the jury did return to the jury room and after deliberating for a long period of time, reported back to the court that they were unable to agree…