Adams v. State

CORNELIUS, Chief Justice.

Michael Kent Adams was convicted of aggravated assault of a police officer. Punishment was set by the jury at fifteen years’ confinement. In this appeal Adams contends that error was committed when the jury was allowed to separate in violation of Tex.Code Crim.Proc.Ann. art. 35.23 (Vernon 1966). We agree, and reverse and remand this cause for a new trial.

Following closing arguments at the guilt/innocence phase of the trial, the jury retired to deliberate. When they had deliberated about an hour and a half, they were allowed to separate, by agreement of counsel, until…