Mendoza v. State

*691OPINION

DOUGLAS, Judge.

The conviction is for assault with intent to rob; the punishment, six years.

The record does not contain a transcription of the court reporter’s notes for the guilt or penalty stages of the trial.

In the sole ground of error, complaint is made that some members of the jury had previously read a newspaper article and mentioned it at the penalty stage of the trial. The article contained a statement that a co-defendant of appellant had been convicted and was assessed a penalty of six years. When the jury brought in the verdict of the penalty, appellant asked to poll the jury…