Duncan v. State

ON MOTION FOR REHEARING.

BEAUCHAMP, Judge.

Appellant has filed a very able brief on several questions in support of his motion for rehearing. We consider it unnecessary to discuss but one proposition, namely, the conduct of the jury in arriving at the verdict. In his original opinion, Judge Krueger announced as authority for his conclusion the case of Stockton v. State, 5 S. W. (2d) 996. It appeared to all the court at that time that this case was in point and decisive. Upon further examination of the record, however, we have concluded that while the two cases are remarkably similar in all of…