The opinion
MORRISON, Judge
(dissenting).
Juror Boehm testified that she favored a 10-year penalty and that when she suggested the same, some member of the jury panel said that if the jury assessed such a verdict that “they” would laugh at us and he would get out in a year. It was only after this was said in the jury room that she changed her vote to the fifty-year verdict which was returned. The State called no other juror to rebut the testimony of Juror Boehm. In Rogers v. State, 158 Tex.Cr.R. 8 , 252 S.W.2d 465 , we said, “Since this testimony as to what occurred in the jury room was not controverted, no issue of fact was raised for the trial court’s determination.” Mays v. State, 167 Tex.Cr.R. 339 , 320 S.W.2d 13 , authorizes the reversal of this contention on the ground of jury misconduct. I respectfully dissent.