JOHNSON v. STATE

No. 40635.

418 S.W.2d 834 (1967)

Ezell JOHNSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

October 4, 1967.


Attorney(s) appearing for the Case

Philip Sanders, Austin, for appellant.

Thomas D. Blackwell, Dist. Atty., and Leon B. Douglas, State's Atty., Austin, for the State.


OPINION

DICE, Judge.

The conviction is for murder; the punishment, sixty years.

One ground of error is urged by appellant, which complains of the court's refusal to grant a new trial because of alleged jury misconduct.

In his original and amended motions for new trial which were supported by the affidavit of one of the jurors, appellant alleged that, during the jury's deliberation as to punishment, one of the jurors stated that if a person...

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