Goodall v. State

OPINION

MORRISON, Judge.

Appellant was convicted of the offense of sale of a dangerous drug; his punishment, seven (7) years.

On appeal appellant urges a single ground of error. He contends that the court erred in allowing the jury to separate after the charge had been read, and before a verdict had been rendered, in violation of Art. 35.23, Vernon’s Ann. C.C.P.

The pertinent part of Art. 35.23, supra, reads as follows:

When jurors have been sworn in a felony case, the court may, at its discretion, permit the jurors to separate until the court has given its charge to the jury, after which the jury…