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DAVIS v. STATE

No. 30942.

328 S.W.2d 315 (1959)

E. C. DAVIS, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 28, 1959.

Attorney(s) appearing for the Case

Hackney & Crawford, Brownfield, H. B. Virgil Crawford, Brownfield, of counsel, for appellant.

Morgan L. Copeland, Dist. Atty., Monroe N. Clayton, Jr., County Atty., Brownfield, and Leon B. Douglas, State's Atty., Austin, for the State.

MORRISON, Presiding Judge.

The offense is abortion; the punishment, 2 years.

In view of our disposition of this cause, a recitation of the facts will not be deemed necessary.

We quote from the testimony of the juror Raybon given on the hearing on the motion for new trial when the question of jury misconduct was being considered:

"Q. Mr. Raybon, during your deliberations I would like to ask you whether or not, while the jury was deliberating...

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