Taylor v. State

DISSENTING OPINION.

LATTIMORE, Judge.

After the jury had unanimously agreed that appellant was guilty, and had voted for penalties aggregating 222 months, Webb, a juror who had voted for the lowest penalty, made the statement that appellant had been convicted in the Federal court. The foreman and each of the other jurors who testified on the hearing of the motion for new trial at once informed Webb that such statement was improper and this ended the matter. No other reference to the fact or discussion thereof appears. Thereafter the jury agreed on a penalty of 15 months, or an aggregate of 180…