Cooper v. State

BELCHER, Commissioner.

The conviction is for aggravated assault; the punishment, eighteen months in jail.

The statement of facts shows that it does not contain all of the evidence adduced upon the trial on the merits. Therefore the sufficiency of the evidence to support the conviction cannot be appraised. Mitcham v. State, 169 Tex.Cr.R. 152, 332 S.W.2d 714; Wheeler v. State, Tex.Cr. App., 338 S.W.2d 735.

Appellant insists that the trial court erred in refusing his motion for new trial because of jury misconduct.

The motion alleged that during the deliberations of the jury one of the jurors who…