State v. Hernandez

HOUSER, Commissioner.

Charged with murder in the first degree, Felix Hernandez was convicted of murder in the second degree. The jury assessed his punishment at IS years in the state penitentiary. Defendant appealed, but filed no brief. On this review we examine the assignments of error contained in defendant’s motion for new trial. Supreme Court Rule 28.02, 42 V.A.M.S.

Defendant’s first assignment of error : “1. The verdict of the jury was not a result of their calm, deliberation and judgment, but rather, of the fact that they were biased and prejudiced against the defendant. They did not give…