Green v. State

OPINION

DUNCAN, Judge.

The appellant was convicted of capital murder, V.T.C.A. Penal Code, § 19.03(a)(2). The jury then made affirmative findings to the special issues required by Art. 37.-071(b)(1) and (2), V.A.C.C.P., and accordingly punishment was assessed by the trial court at death. Appellant’s cause is now before us on direct appeal pursuant to Art. 4.04, § 2, V.A.C.C.P.

In two related points of error, the appellant contends that the trial court abused its discretion in overruling the appellant’s motion for new trial on the grounds that jurors spoke to an unauthorized person about the…