Burton v. State

OPINION

ONION, Presiding Judge.

This appeal is from a conviction for burglary of a private residence at night with intent to commit rape where the punishment, enhanced under the provisions of Article 63, Vernon’s Ann.P.C., was assessed at life.

Initially appellant complains of jury misconduct in that one of the jurors spoke to the children of the prosecutrix during a trial recess, the jury having been allowed to separate. A witness testified out of the jury’s presence she had observed a bald headed juror talking to the prosecu-trix’s three children, but had not heard the conversation. Juror…