BURTON v. STATE

No. 44080.

471 S.W.2d 817 (1971)

Cardell Franklin BURTON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied November 9, 1971.


Attorney(s) appearing for the Case

John D. Wennermark, William T. Miller, San Antonio, for appellant.

Ted Butler, Dist. Atty., Will White, Gordon Armstrong and Lucien B. Campbell, Asst. Dist. Attys., San Antonio, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

ONION, Presiding Judge.

This appeal is from a conviction for burglary of a private residence at night with intent to commit rape where the punishment, enhanced under the provisions of Article 63, Vernon's Ann.P.C., was assessed at life.

Initially appellant complains of jury misconduct in that one of the jurors spoke to the children of the prosecutrix during a trial recess, the jury having been allowed to separate. A witness testified out...

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