Legal Opinion
Martinez v. State
Court of Criminal Appeals of Texas
Decided June 29, 1971No. 43990PublishedCited by 13 opinions
1Opinion of the Court
OPINION
MORRISON, Judge.
The offense is possession of heroin; the punishment, enhanced by two prior convictions for non-capital felonies, life.
Appellant’s first ground of error is that the Court erred in failing to grant him a new trial when juror Thomason testified that during their deliberations they asked the bailiff, “Does a vote have to be unanimous,” and he replied in the affirmative. 1 At this juncture, ten jurors had voted for a guilty verdict and two had voted “not guilty.” We had this identical question in Boone v. State, 156 Tex.Cr.R. 327, 242 S.W.2d 380, where we said,
“The…
2Cases cited8 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Jackson v. DennoSupreme Court of the United States · 1964
- Branch v. StateCourt of Criminal Appeals of Texas · 1969
- Mathis v. StateCourt of Criminal Appeals of Texas · 1971
- Corpus v. StateCourt of Criminal Appeals of Texas · 1971
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Wyatt v. StateCourt of Criminal Appeals of Texas · 1978
- Alvarez v. StateCourt of Criminal Appeals of Texas · 1976
- Johnny R. Martinez v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1980
- Baldonado v. State, Texas Court of Appeals, 13th District1988
- Johnny R. Martinez v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1976
8 more not listed; retrieve them via the Exa API.