Smith v. State

333 S.W.2d 385 (1960)

Leroy SMITH, Appellant,

v.

STATE of Texas, Appellee.

No. 31506.

Court of Criminal Appeals of Texas.

February 17, 1960.

W. E. Martin, H. A. Crawford, Houston, for appellant.

Dan Walton, Dist. Atty., Samuel H. Robertson, Jr., Erwin G. Ernst, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

MORRISON, Presiding Judge.

The offense is murder without malice; the punishment, five years.

We are met at the outset with a serious question of jury misconduct. Appellant introduced at the hearing on the motion the affidavits of three of the jurors, and the…