GIBBS v. STATE

No. 28064.

291 S.W.2d 320 (1956)

Donnie GIBBS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 23, 1956.


Attorney(s) appearing for the Case

Runge, Hardeman, Smith & Foy, by William I. Marschall, Jr. and Earl W. Smith, San Angelo, Lee & Lee, Mason, for appellant.

Jack B. Miller, Dist. Atty., San Saba, Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Presiding Judge.

Our original opinion is withdrawn. In view of our present disposition of this case, a recitation of the facts will not be necessary.

There were several question of jury misconduct raised. We shall discuss only two.

The jury deliberated approximately three hours. They determined the appellant's guilt in fifteen minutes, and the remainder of the time was consumed in setting the punishment. The juror Wimberley testified at the...

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