Cook v. State

HERVEY, J.,

filed a concurring opinion

in which KEASLER, J., joined.

I have a problem with this case. Long ago this Court succinctly stated,

[I]n the reassembling of the jury, it was not a mere correction of an informality in the verdict that was attempted but the rendition of an entirely different verdict. Under the verdict first received, the right of having the appellant’s sentence suspended was accorded, while in that subsequently written, this privilege was denied.

It is believed that before the jurors were reassembled their identity as an organized body had ceased, and the verdict upon which…