JOHNSON v. STATE

No. 43694.

469 S.W.2d 581 (1971)

Joseph Jefferson JOHNSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 29, 1971.


Attorney(s) appearing for the Case

Briscoe, Dally & Shaffer, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Ted Hirtz, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

MORRISON, Judge.

The offense is burglary to commit theft as a second offender; the punishment twelve (12) years.

Appellant's first three grounds of error relate to jury separation. The case was submitted to the jury on the question of guilt or innocence and they were permitted to separate until the charge was read, and then they were sequestered until they returned a verdict of guilty. They were...

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