Keady v. State

OPINION

W.C. DAVIS, Judge.

A jury convicted appellant of burglary of a habitation and assessed punishment, en*758hanced by one prior felony conviction, at 50 years’ confinement.

Appellant contends that the trial court erred in overruling his motion for new trial, which was based upon alleged jury misconduct, and in denying his motion to quash the indictment.

The jury misconduct at issue revolves around the jurors’ discussion of parole. At the hearing on the motion for new trial, five jurors, one for the defense and four for the State, testified about the jury’s discussion at the penalty stage of the…