Stephenson v. State

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 for the following causes, and for no other:

“(7) Where the jury, after having retired to deliberate upon a case, has received other evidence; . . .”

In…