State v. Covington

STORCKMAN, Judge.

The defendant was convicted of assault with intent to kill with malice aforethought, but since the jury was unable to agree on punishment the court assessed it and sentenced the defendant to imprisonment for a term of twenty-five years. The defendant was allowed to appeal as a poor person and appears here with court-appointed counsel who briefed and argued the case. Two issues are presented on appeal: whether rebuttal evidence was improperly admitted and whether the court was guilty of misconduct in that it coerced the jury to agree upon a verdict. Since no attack is made on…