Gibbs v. State

on motion for rehearing

MORRISON, Presiding Judge.

Our original opinion is withdrawn. In view of our present disposition of this case, a recitation of the facts will not be necessary.

There were several questions of jury misconduct raised. We shall discuss only two.

The jury deliberated approximately three hours. They determined the appellant’s guilt in fifteen minutes, and the remainder of the time was consumed in setting the punishment. The juror Wimberley testified at the hearing on the motion for new trial that at first four of the jurors, whom she named were for a suspended sentence. The…