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109 Tex. Crim. 609

5 S.W.2d 982

Schaefer v. State

Court of Criminal Appeals of Texas

Decided April 18, 1928

Court of Criminal Appeals of Texas · decided 1928-04-18

<p>The opinion states the case.</p>

Relies on 93 Tex. Crim. 125 - Esquivel v. State · 96 Tex. Crim. 519 - Sims v. State

Decided 1928-04-18

LATTIMORE, Judge.

¶1 Conviction for burglary, punishment three years in the penitentiary. •

¶2 We find in the record no statement of facts, and but one bill of exceptions in the transcript. The complaint in this bill is of the overruling of the motion for new trial, apparently sought *610 on the ground of misconduct of the jury. The bill sets out the testimony of three jurors. We gather that appellant’s purpose was to show by said parties their misappropriation of certain testimony. The claim was that the testimony was admitted for one purpose and that the jury misappropriated same and used it for another purpose. We do not believe it permissible for a juror to attempt to impeach his verdict in this manner. Esquival v. State, 246 S. W. 399; Sims v. State, 258 S. W. 165.

¶3 The judgment will be affirmed.

¶4 Affirmed.

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