160 Tex. Crim. 381 - Roberson v. State

How this case has been cited

Cited by 17 later decisions — most recently May 1984

17 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1ON appellant’s motion for rehearing

WOODLEY, Judge.

¶2The sole question raised on this appeal is the failure of the trial judge to grant appellant’s motion for new trial because of claimed jury misconduct.

¶3The motion for new trial alleging the receipt of other testimony by the jury, after their retirement, and their discussion of certain statements made by the bailiff, is sworn to by appellant. It is not supported by affidavit of any juror or other person in position to have known the facts. Such a motion has been held to be insufficient. See Moore v. State, 155 Texas Cr. Rep. 147, 232 S.W. 2d 711; Henderson v. State, 154 Texas Cr. Rep. 376, 227 S.W. 2d 821; Fielden v. State, 152 Texas Cr. Rep. 597, 216 S.W. 2d 198; Toms v. State, 150 Texas Cr. Rep. 264, 200 S.W. 2d 174.

¶4We disclaim any intent to approve the conduct of the officer in charge of the jury in communicating with a juror regarding the law applicable to the case. We remain convinced, however, that under the facts reversible error is not shown.

¶5Appellant’s motion for rehearing is overruled.