Ex Parte Johnson

Finding that our prior decisions regarding an unauthorized jury verdict “share a common premise and conclusion,” the majority believes that “[t]he logic connecting the premise and conclusion involves the lack of specific vehicle by which the improper verdict could be reformed.” Slip Opinion, p. 3. The majority is mistaken. *613The real reason for the rule flows from the constitutional character and immutable principles of trial by jury in a criminal action. Article I, §§ 10 and 15, Constitution of the State of Texas; see, e.g., Freeman v. State, 143 Tex.Cr.R. 265, 186 S.W.2d 683 (1945);1 Moreau…