Jose T. Luna v. Dr. George Beto, Director, Texas Department of Corrections , 474 F.2d 95 ( 1973 )

474 F.2d 95

Jose T. LUNA, Petitioner-Appellant,
v.
Dr. George BETO, Director, Texas Department of Corrections,
Respondent-Appellee.

No. 72-3282 Summary Calendar.*

United States Court of Appeals,
Fifth Circuit.

Feb. 26, 1973.

William T. Armstrong, Staff Atty., Staff Counsel for Inmates, Texas Dept. of Corrections, Weldon, Tex., for petitioner-appellant.

Crawford Martin, Atty. Gen., Austin, Tex., for respondent-appellee.

Before JOHN R. BROWN, Chief Judge, and DYER and SIMPSON, Circuit Judges.

PER CURIAM:

1

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.

2

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.

3

Affirmed.

*

Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Company of New York et al., 5 Cir. 1970, 431 F.2d 409, Part I