Polanco v. State

Christian, JUDGE.

The offense is murder; the punishment, death.

A former appeal is found reported in [133 Texas Crim. Rep. 7] 106 S. W. (2d) 1057.. The testimony adduced upon the present trial is substantially the same as that before the court upon the former appeal.

Appellant did not testify.

In. his motion for new trial appellant alleged that the jury were guilty of misconduct, in that they discussed his failure to testify, and, further, discussed the fact that the jury in his first trial had assessed a death penalty.

On the hearing of the motion several jurors testified. Juror Straughan, who…