Lopez v. State

I respectfully dissent. I would reverse and remand this cause on Appellant’s Ground of Error No. Three where he complains that the jury engaged in an unauthorized experiment or demonstration after retiring to consider their verdict.

In Munoz v. State, 524 S.W.2d 710 (Tex.Crim.App.1975), relied upon by the majority in its decision herein, the Court of Criminal Appeals correctly refused an inquiry into a juror’s mental processes in reaching a verdict on evidence adduced at the trial itself. The appellate court rejected a complaint that the jury foreman wrongfully denied a confused juror a…