Daniel v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for murder with malice. Trial was held before a jury, which assessed punishment at confinement for thirty-five years. A discussion of the evidence is not necessary to the disposition of the case and will be omitted.

In his first ground of error, appellant contends that the trial court erred in overruling his motion for new trial in which he alleged jury misconduct. The motion was accompanied by the affidavit of one of the jurors, Christine Tafolla, in which she stated that, during the course of the jury’s deliberation, “One of the…