Trout v. State

OPINION ON STATE’S MOTION FOR REHEARING ON PETITION FOR DISCRETIONARY REVIEW

W.C. DAVIS, Judge.

Appellant was convicted of murder and sentenced to twenty years incarceration at the Texas Department of Corrections.

Appellant alleged two specific instances of jury misconduct in an amended motion for new trial supported by attached affidavits. At the hearing on the motion for new trial appellant raised and argued a further instance of jury misconduct which was included in the affidavits but not in the motion for new trial. The trial court permitted appellant to argue this unpled instance of jury…