Baltazar v. State

MORRISON, Judge.

The offense is robbery by assault; the punishment, 10 years.

The sole defense was that of insanity, and the sole question presented is that of jury misconduct. Attached to appellant’s amended motion for new trial, we find the affidavits of three of the jurors. Juror Arzola swore that during their deliberations someone stated “that there was a psychiatric ward at the Huntsville State Prison where the defendant would go if we found him sane at the time of the trial and assessed a punishment.”

Juror Alderete swore that someone “made the remark that there was a psychiatric ward at…