Harris v. State

The opinion on original submission should be withdrawn. After further study and reflection, I agree that no reversible error is presented by the jury separation question. I reach this conclusion, however, *227on a different basis than the majority on rehearing.

Article 35.23, V.A.C.C.P., gives the trial court the discretion to permit the jurors to separate in a felony case until the court has given its charge to the jury. After receiving the charge, the jury “shall be kept together” until a verdict is rendered or until the jury is finally discharged. Once the charge is given, Article 35.23, supra,…