BOYKIN v. STATE

No. 49182.

516 S.W.2d 946 (1974)

Oliver James BOYKIN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 15, 1975.


Attorney(s) appearing for the Case

Michael Crawford, Houston, for appellant.

Carol S. Vance, Dist. Atty., Clyde F. De Witt, III, and Andy Tobias, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

ODOM, Judge.

Appellant was convicted of possession of heroin; punishment was assessed at ten years.

In his first ground of error, appellant contends he was denied a fair trial because the jury received new evidence after retiring to deliberate on the case, in violation of Article 40.03, Secs. 7 and 8, Vernon's Ann.C.C.P.

Appellant's motion for new trial upon which this contention is based was filed September 29, 1972. No amended motion...

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