320 S.W.2d 16 | Tex. Crim. App. | 1959
The offense is the possession of whiskey, beer and vodka for the purpose of sale in a dry area; the punishment, 30 days in jail and a fine of $1,000.00.
In view of the sole question presented for review, a statement of the facts will not be necessary other than to observe that officers searched the appellant’s home and found a quantity of intoxicants.
This is the sum total of what occurred, and it will be seen therefrom that the case against the appellant was not discussed. It should be remembered that this is a misdemeanor case and that the presumption of injury which arises in a felony case is not here present. Wood v. State, 126 Texas Cr. Rep. 144, 70 S.W. 2d 436. Article 671, V.A.C.C.P., does not prohibit another person in a misdemeanor case from conversing with a juror without the consent of the court after such juror has been impaneled but permitted to separate so long as the matters discussed do not relate to the case on trial.
The cases upon which the appellant relies, such as Mann v. State, 84 Texas Cr. Rep. 109, 204 S.W. 434, Mauney v. State, 85 Texas Cr. Rep. 184, 210 S.W. 959, and Cole v. State, 157 Texas Cr. Rep. 469, 250 S.W. 2d 201, were felonies where a presumption of injury arose from a mere showing that the jury conversed with an unauthorized person. In French v. State, 136 Texas Cr. Rep. 86, 124 S.W. 2d 157, also relied upon by the appellant, the deputy sheriff made repeated statements in the presence of the jury as to the nature of the contents of the bottles which had been introduced in evidence against French, while there was an issue in the case as to the nature of such contents. We find nothing in the case at bar comparable to what this court had before it in French.
The judgment is affirmed.