331 S.W.2d 319 | Tex. Crim. App. | 1960
The conviction is for the unlawful possession of a narcotic drug; the punishment, life imprisonment.
The state’s testimony shows that on the night in question, Officers Stringfellow and Gray of the Narcotics Division of the Houston Police Department, armed with four warrants
Testifying as a witness in his own behalf, appellant denied that he possessed the nineteen marijuana cigarettes and stated that it was the witness Hall who had the cigarettes. Appellant also testfied that he did not know the witness Hall and that he had never seen him before the night in question.
Appellant’s sole contention is that the court erred in overruling his amended motion for new trial on the ground of alleged jury misconduct.
In his motion appellant alleged that during its deliberation the jury received other evidence when an unidentified juror related his business experience in going to homes of Negroes and stated in substance that invariably he would be refused admittance and be required to identify himself and state his business before being admitted. No affidavits of any of the jurors were attached to the motion but the affidavit of appellant’s counsel was attached in which he swore that he had talked to three of the jurors who served in the case who stated that such a statement was made but that they had refused to make affidavits to such effect.
Upon the hearing three of the jurors testified. From their testimony it appears that during the jury’s deliberation, the exact point of time not being shown, one of the jurors stated that in his business experience in going to Negroes’ homes he was not
The judgement is affirmed.