WOODLEY, Judge.
The offense is rape; the punishment, ten years.
Bill of Exception No. 1 complains of the action of the court in declining to order mistrial and discharge the entire jury panel after one juror, of the six selected and sworn, who was not challenged by either the State or the defense, was excused by the court.
The trial judge, acting under authority of Lee v. State, Tex.Cr.App.,
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