Smith v. State

MORRISON, Presiding Judge.

The offense is murder without malice; the punishment, five years.

We are met at the outset with a serious question of jury misconduct. Appellant introduced at the hearing on the motion the affidavits of three of the jurors, and the state introduced affidavits from four of the remainder. Juror Baker swore that during their deliberations, and before arriving at a verdict, several jurors stated that appellant “would only have to serve 18 months if given a five-year sentence.” Juror King swore that he heard during their deliberations, and before arriving at a verdict,…