Harrell v. State

CALHOUN, Judge.

— The offense, murder; the punishment, death.

Bill of exception No. 1 relates to the remarks of the court to the jury on being advised that they were unable to agree upon a verdict. The bill shows that the following occurred: The jury, after deliberating about forty-two hours, reported to the court that they were hopelessly disagreed, and in answer to-the question of the court as to how they stood, they replied that they stood eleven to one. The court looked at his watch and instructed the jury as follows: “Gentlemen, you have ten hours of this day remaining and three weeks more…