Mills v. State

MORROW, Presiding Judge.

The offense is murder; punishment fixed at confinement in the penitentiary for a period of ten years.

The jury were in retirement for three days. At an early stage of their deliberations, they voted for a conviction but disagreed as to the punishment. One of them was opposed to any punishment in excess of five years. His refusal to agree to a higher penalty brought about a quarrel between himself and one of the other jurors. Harsh and vulgar language was directed against him and a threat was made to whip him. One of the officers in charge of the jury, or one of the…