Ex parte Davis

This is an appeal from an order of the dis-. triet court of Eastland county denying bail.

It is true that upon a trial of this case in the court below a death penalty was assessed, but upon appeal to this court the *166judgment of conviction was reversed. Davis v. State, 26 S.W.(2d) 649, opinion handed down April 2, 1930. The record before this court upon that appeal showed a number of ¡jurors to be for a-less punishment than death, and that the verdict arrived at was based upon much misconduct on the part of the jurors in discussing other cases and matters which had no proper place in their…