SANDERS v. STATE

No. 53986.

580 S.W.2d 349 (1978)

James SANDERS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

Rehearing Denied May 9, 1979.


Attorney(s) appearing for the Case

Charles L. Rittenberry, Amarillo, for appellant.

Randall Sherrod, Dist. Atty., Richard L. Wilcox, Asst. Dist. Atty., Canyon, for the State.

Before ONION, P. J., and DOUGLAS and ODOM, JJ.


OPINION

ODOM, Judge.

This is an appeal from a conviction for aggravated assault. Punishment was assessed by a jury at two years. The sufficiency of the evidence is not challenged.

In two grounds of error appellant argues that discussion of the parole law during jury deliberations constituted the receipt of other evidence by the jury after it had retired to deliberate, entitling him to a new trial under Article 40.03(7), V.A.C.C.P., and that such...

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