Adams v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for murder without malice. Trial was held before a jury, which assessed punishment at confinement for five years.

Appellant’s sole ground of error concerns the overruling by the trial court of his motion for new trial, in which he alleged jury misconduct. A hearing was held on the motion, and at such hearing a juror’s affidavit was admitted in evidence in support of the motion. The trial court overruled appellant’s motion.

In his affidavit, the juror stated: (1) that he concluded from “the comments and attitudes” of several of the other…