WARD v. STATE

No. 49646.

520 S.W.2d 395 (1975)

Michael WARD, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 12, 1975.


Attorney(s) appearing for the Case

Fred J. Manning, San Antonio, for appellant.

Ted Butler, Dist. Atty., Bill White, Lucien Campbell and Alan E. Battaglia, Asst. Dist. Attys., San Antonio, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.


OPINION

GREEN, Commissioner.

In a trial before a jury, appellant was convicted of accomplice to robbery by assault. Punishment was assessed by the court at five years.

Appellant in his first ground alleges jury misconduct in that the jury during its deliberations discussed and considered the failure of the appellant to testify.

Attached to appellant's amended motion for a new trial is an affidavit of the juror Gilbert Cisneros in which he...

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