Boykin v. 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 was filed by leave of the court as permitted by Article 40.05, V.A.C.C.P., nor was the time for filing or amending extended for good cause shown as…