Pierce v. State

This is an appeal by transcript from the district court of Muskogee county, where Claude Pierce was charged with the crime of assault with a dangerous weapon, but was convicted before a jury of the included offense of assault and battery, with punishment fixed at 30 days in the county jail, and. a fine of $100.

The verdict rendered was signed by only eleven of the twelve jurors. The defendant objected to the court receiving the verdict so signed, but his object on was overruled.

The court had instructed the jury (instruction No. 6) :

“You are further instructed, gentlemen of the jury, if you…