DANIEL v. STATE

No. 45069.

486 S.W.2d 944 (1972)

Walter Mitchell DANIEL, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 13, 1972.


Attorney(s) appearing for the Case

Pat Hall, Philip R. Lane, San Angelo, for appellant.

Royal Hart, Dist. Atty., and Aaron Goldberg, Asst. Dist. Atty., San Angelo, and Jim D. Vollers, State's Atty., Robert A. Huttash, Asst. State's Atty., Austin, for the State.


OPINION

ROBERTS, Judge.

This is an appeal from a conviction for murder with malice. Trial was held before a jury, which assessed punishment at confinement for thirty-five years. A discussion of the evidence is not necessary to the disposition of the case and will be omitted.

In his first ground of error, appellant contends that the trial court erred in overruling his motion for new trial in which he alleged jury misconduct. The motion was accompanied...

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