Taylor v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

The evidence heard on the motion for new trial discloses that the witness Webb stated to the members of the jury during their deliberations that the appellant had been convicted in the Federal Court. At the time this statement was made the members of the jury had not agreed upon the penalty, some favoring one year and some favoring a greater penalty. Fifteen months was the penalty finally agreed upon. When the statement was made the foreman immediately called attention to the fact that the matter was not admissible that it could not be discussed…