Lamb v. State

PRENDERGAST, Presiding Judge.

—Appellant was convicted of murder and his punishment -assessed at thirty years in the penitentiary. This is a companion case of the same appellant, recently decided, 74 Texas Crim. Rep., 301, 168 S. W. Rep., 534.

Appellant complains that a new trial should have been granted because, in effect, the jury arrived at its verdict by lot,—that is, a quotient verdict. The court heard evidence on this issue which is shown by one of appellant’s bills. Mr. Branch in his Criminal Law, section 844, second subdivision, says: "If jurors take the average as a means of securing…