Hartman v. State

OPINION

QUENTIN KEITH, Commissioner.

Appellant was convicted of murder with malice and the jury fixed his punishment at confinement for life.

Appellant does not challenge the sufficiency of the evidence, thus eliminating the necessity of setting out the facts of the case. Appellant’s single ground of error alleges that the jury received unsworn testimony from members of the jury during their deliberations upon the punishment to be assessed. His verified motion for new trial was supported by a detailed affidavit of one of the jurors.

Juror Curtin testified that when the first ballot was taken the…