Garcia v. State
| Decision Date | 18 December 1968 |
| Docket Number | No. 41771,41771 |
| Citation | 435 S.W.2d 533 |
| Parties | Rodolfo Casares GARCIA and Miguel Juarez Cazares, Appellants, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Polk Hornaday, Harlingen, D. J. Lerma, Brownsville, for appellants.
F. T. Graham, District Atty., Joel William Ellis, Asst. District Atty., Brownsville and Leon B. Douglas, State's Atty., Austin, for the State.
The offense is robbery; the punishment for each appellant is ten years.
Their first ground of error is that if they violated any law, it was a violation of Art. 1177a, Vernon's Ann.P.C., 'Kidnapping for extortion,' and not robbery. The answer to such contention may be found in the opinion of this Court in Lewis v. State, 171 Tex.Cr.R. 231, 346 S.W.2d 608, at 612, where we said:
Their second ground of error is that the jury failed to read the Court's charge. He supports this contention by an allegation that the jury only deliberated approximately 20 minues before reaching their verdict. No affidavit of a juror is attached to the motion for new trial. This Court as early as Turner v. State, 74 S.W. 777 (1903) said:
See also Ann. 91 A.L.R.2d 1238.
Their third ground of error is that the trial was not fair as to the appellant Garcia because he was brought into court handcuffed and that a Federal Marshal remained close to him during the trial. At the hearing on appellant's motion for a new trial no affidavit from any juror was introduced and no proof was made that the jurors knew the identity of Deputy Federal Marshal Sanchez, or discussed among themselves the fact that defendant was in his custody. At such hearing Sanchez testified that he had appellant in his custody at the time of the trial and was in attendance during appellant's trial but that he did not bring him into court handcuffed and that he wore no badge or uniform which would identify him as a peace officer and that he did not sit with appellant during the course of the trial.
We find no error presented by this ground...
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