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MANDUJANO v. STATE

No. 32232.

339 S.W.2d 528 (1960)

Victor MANDUJANO, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 26, 1960.

Attorney(s) appearing for the Case

No attorney for appellant of record on appeal.

Charles J. Lieck, Jr., Criminal Dist. Atty., Mayo J. Galindo, Harry A. Nass, Jr., Asst. Criminal Dist. Attys., San Antonio, and Leon B. Douglas, State's Atty., Austin, for the State.

MORRISON, Presiding Judge.

The offense is the sale of heroin; the punishment, 15 years.

No statement of facts on the trial is before us; however, we do have a statement of facts on the hearing of the motion for new trial. From this we learn that at one juncture of their deliberations one of the jurors asked if appellant had testified or why he had not; he was immediately instructed that such was not a proper matter...

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