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MUNOZ v. STATE

No. 41731.

435 S.W.2d 500 (1968)

David Ramirez MUNOZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 18, 1968.

Attorney(s) appearing for the Case

Mark F. Howell, El Paso, for appellant.

Barton Boling, Dist. Atty., Edward S. Marquez, Asst. Dist. Atty., El Paso, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is breaking and entering an automobile; the punishment, assessed by the court, one year.

We shall discuss appellant's grounds of error #1 and #2 in the order of their occurrence at the trial.

During the trial a motion for mistrial was orally made based on the absence of a witness, Alberto Salis, who had been subpoenaed and sworn in, but left the courthouse after the trial began. The court, instead of acting...

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