West v. State

Appellant alleged in his amended motion for new trial that during the deliberations of the jury and before they had reached a verdict one juror stated to the others “that in the event they should find the defendant guilty and assess his punishment in the penitentiary for two years, he would be required to serve only about six months.”

The affidavit of the juror G. B. Crow was attached to and made a part of the amended motion for new trial. This affidavit contained the statement that the foreman of the jury told him (Crow) that if the jury found the defendant guilty and assessed his punishment…