Sierra v. State

OPINION

MORRISON, Judge.

The offense is murder; the punishment, forty (40) years.

Appellant’s first ground of error relates to jury separation. The court received the jury’s verdict at about 6:00 on a Friday afternoon and then, over appellant’s objection, excused the jury until Monday morning when the punishment phase of the trial began. Appellant, relying on Art. 35.23 and 37.07, Sec. 3(c), Vernon’s Ann. C.C.P., contends that the statute requires that once a case has been submitted to the jury during the guilt or innocence phase of the trial, the jury should remain sequestered until the final…