Low v. State

ON MOTION FOR REHEARING.

GRAVES, Presiding Judge.

Appellant has filed a comprehensive motion for rehearing herein alleging, among other things, that we were incorrect in our original opinion in that we made the statement:

“At the time the above discussion was had in the jury room, all jurors had agreed as to appellant’s guilt. It is not clear whether they had begun to ballot on the punishment when such statement was made. Such balloting covered the spread from thirty to ninety-nine years.”

From the statement of facts we take the following excerpts:

*40“Q. I will ask you whether the jury first…