Rogers v. State

OPINION

ODOM, Judge.

This is an appeal from a conviction for robbery; punishment was assessed at ten years.

Appellant contends the trial court erred in denying his motion for new trial. He argues the evidence presented at the hearing on his motion for new trial demonstrates violation of Art. 40.03(7), which provides in part:

“New trials, in cases of felony, shall be granted for the following causes

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

During the trial the appellant attempted to impeach or rebut the…