Ward v. State

OPINION

GREEN, Commissioner.

In a trial before a jury, appellant was convicted of accomplice to robbery by assault. Punishment was assessed by the court at five years.

Appellant in his first ground alleges jury misconduct in that the jury during its deliberations discussed and considered the failure of the appellant to testify.

Attached to appellant’s amended motion for a new trial is an affidavit of the juror Gilbert Cisneros in which he stated the fact that there was speculation among the members of the jury during their deliberations as to why appellant did not testify. At a hearing, testimony…