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TREVINO v. STATE

No. 39679.

409 S.W.2d 853 (1966)

Ruben TREVINO, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 12, 1966.

Second Motion for Rehearing Denied November 23, 1966.

Third Motion for Rehearing Denied January 18, 1967.

Attorney(s) appearing for the Case

H. C. Petry, Jr., Carrizo Springs, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

McDONALD, Presiding Judge.

The offense is unlawful possession of the narcotic drug, marijuana; the punishment, 30 years in the penitentiary.

Appellant plead guilty to the offense, and the sole issue before this court is whether or not certain remarks by one juror, made during deliberation as to punishment, constitute jury misconduct.

All twelve jurors testified at the hearing on appellant...

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