Adams v. State, 44820
| Decision Date | 24 May 1972 |
| Docket Number | No. 44820,44820 |
| Parties | Nathaniel ADAMS, Jr., Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Dickson & Associates by Jon E. Mercer, Houston, for appellant.
Carol C. Vance, Dist. Atty., James C. Brough and Henry Oncken, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.
This is an appeal from a conviction for murder without malice. Trial was held before a jury, which assessed punishment at confinement for five years.
Appellant's sole ground of error concerns the overruling by the trial court of his motion for new trial, in which he alleged jury misconduct. A hearing was held on the motion, and at such hearing a juror's affidavit was admitted in evidence in support of the motion. The trial court overruled appellant's motion.
In his affidavit, the juror stated: (1) that he concluded from 'the comments and attitudes' of several of the other jurors that they had decided the guilt of appellant before the case was given to the jury; (2) that counsel for the defense was criticized by the other jurors for his cross-examination of the State's witnesses; (3) three jurors announced, after retiring to deliberate their verdict, 'that they would vote either way, that it was up to the majority'; (4) that 'numerous comments were made by several members which demonstrated an overwhelming racial bias and prejudice against the defendant because he was a negro,' and that one juror commented that she had driven by government apartment projects and that all of 'those people' had Cadillacs. The juror further stated that it was obvious that the decision of the majority of the members was based more upon racial prejudice than upon an evaluation of the evidence; (5) that during their deliberations, (a) one juror stated that his father had operated a service station for several years and had never shot anyone, (b) another juror stated that while the men under him in his work fought often, none had ever shot another; (6) that the other jurors discussed the fact that they believed appellant was under the influence of narcotics, the impression being based upon the appearance of appellant's eyes; (7) that several of the jurors were able to see photographs of the deceased which were not introduced into evidence; (8) that the jurors discussed the fact that appellant had failed to comply with a child support order and; (9) that the juror resolved any question in his own mind as to appellant's innocence after he heard of a prior inconsistent statement by a witness.
We are of the opinion that the trial court did not err in overruling appellant's motion for new trial. That portion of the affidavit in which the juror explains the reason behind his vote is merely an attempt by the joror to impeach his verdict. It is well settled that a juror may not explain or impeach his verdict by showing the reason for the conclusion reached. e.g., Fontenot v. State, 426 S.W.2d 861 (Tex.Cr.App.1968); Gonzales v. State, 398 S.W.2d 132 (Tex.Cr.App.1966); Stokes v. State, 165...
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...see and determine, in the light of all the circumstances, surrounding the misconduct, and in light of the whole record, Adams v. State, 481 S.W.2d 884 (Tex.Cr.App.1972) that references to or discussion of the parole law did or might probably have prejudiced the appellant's case. Grizzell v.......
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Phillips v. State, 48515
...for the conclusion reached; nor are the mental processes whereby a juror reaches his verdict grounds for reversal. Adams v. State, 481 S.W.2d 884, 886 (Tex.Cr.App.1972), and cases therein In ground of error No. 31 appellant complains of 'duplicitous and accumulative testimony' concerning ap......