Mays v. State

MARTIN, Judge.

— Offense, the unlawful sale of intoxicating liquor; penalty, one year.

Appellant pleaded guilty to the charge and in due form made application for suspended sentence, supporting same by his evidence. No issue of his guilt was made. The only issue to be determined by the jury was his right to a suspended sentence. The jury refused to recommend a suspension of his sentence.

Appellant in his motion for new trial alleges misconduct of the jury in the following respect: That while the jury was still deliberating and before it reached a verdict and while it stood nine against…