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MARTINEZ v. STATE

No. 43990.

471 S.W.2d 399 (1971)

Johnny R. MARTINEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied October 26, 1971.

Attorney(s) appearing for the Case

Herrington, Levbarg, Weeks & Jones, Austin, for appellant.

Robert O. Smith, Dist. Atty., Phillip A. Nelson, Robert A. Huttash and Lawrence Wells, Asst. Dist. Attys., Austin, and Jim D. Vollers, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is possession of heroin; the punishment, enhanced by two prior convictions for non-capital felonies, life.

Appellant's first ground of error is that the Court erred in failing to grant him a new trial when juror Thomason testified that during their deliberations they asked the bailiff, "Does a vote have to be unanimous," and he replied in the affirmative.1 At this juncture, ten jurors...

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