Winters v. State

ON MOTION FOR REHEARING.

BEAUCHAMP, Judge.

Appellant in his motion for rehearing has raised a question as to the sufficiency of the jury’s verdict which reads as follows :

“We, the Jury, find the Defendant Coy

Winters Guilty, Ninety days in jail (90).

“Roy C. Fritts

“Foreman of the Jury.”

In the case of Moneyhun v. State, 136 S. W. (2d) 219 the following verdict was held to be insufficient:

“No. 10311. Guilty, 90 days in jail

“Geo. T. Moore, Foreman.”

It is stated in this opinion, however, that if the intention of the jury can be arrived at by fair interpretation of the written findings and from such…