STEPHENSON v. STATE

No. 55443.

571 S.W.2d 174 (1978)

Russell L. STEPHENSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

September 27, 1978.


Attorney(s) appearing for the Case

William H. Sheehan (on appeal only), Dumas, for appellant.

Barry E. Blackwell, Dist. Atty., Dumas, for the State.

Before ODOM, VOLLERS and W. C. DAVIS, JJ.


OPINION

ODOM, Judge.

This is an appeal from a conviction for aggravated rape; punishment was assessed at twenty five years.

In one ground of error appellant contends the trial court improperly denied his motion for new trial. The motion alleged receipt of other evidence by the jury during deliberations in violation of Article 40.03(7), V.A. C.C.P., which provides in relevant part:

"New trials, in cases of felony, shall be granted the defendant...

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