Court of Criminal Appeals of Texas

Roberto C. Garza, Appellant v. the State of Texas, Appellee

March 31, 1982630 S.W.2d 272

Summary

The Court reversed the conviction and remanded because jurors discussed the appellant's prior criminal record, which constitutes "other evidence" that is detrimental under Art. 40.03(7), requiring a new trial. The Court also held that affidavits taken before the appellant's attorney are not sufficient to support a motion for a new trial.