Ramirez v. State

MORRISON, Judge.

The offense is murder with malice; the punishment, twenty-five years in the penitentiary.

The sole question presented on this appeal is contained in appellants’ Bill of Exception No. 1, complaining of the failure of the trial court to hear evidence of jury misconduct.

Appellant’s original and amended motion for new trial supported only by appellant’s affidavit that the facts stated therein were true, set forth an allegation that one Castilla, a juror during the trial, separated from his fellow jurors and conversed with one Barrera who was not a member of the jury.

When the court…