Court of Appeals for the Fifth Circuit
Jose T. Luna v. Dr. George Beto, Director, Texas Department of Corrections
1973 U.S. App. LEXIS 11458 · 474 F.2d 95
February 26, 1973 · Docket 72-3282
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Opinion
Luna’s sole complaint on appeal is that he was denied a fair trial in the Texas state court as evidenced by an affidavit of one juror which impeached his own verdict.
We agree with the district court that “the case fits within the well-settled general rule that a juror will not be heard to impeach his own verdict.” Cunningham v. United States, 5 Cir. 1966, 356 F.2d 454.
Affirmed.