ACOSTA v. STATE

No. 49892.

522 S.W.2d 528 (1975)

Augustine Santos ACOSTA, Jr., Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 30, 1975.


Attorney(s) appearing for the Case

L. J. Krueger, Liberty, on appeal only, Pieratt & Saur, Houston, on appeal only, for appellant.

Carol S. Vance, Dist. Atty., and Phyllis Bell and Bert Graham, Asst. Dist. Attys., Houston, Jim D. Vollers, State's Atty., David S. McAngus, Asst. State's Atty., Austin, for the State.


OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for murder. Punishment was assessed by the jury at fifty years.

The sufficiency of the evidence is not challenged.

Appellant contends the court erred in rerefusing to grant his motion for mistrial for the reason that an illegal juror served on the jury.

The record reflects that appellant exercised one of his peremptory challenges by striking the thirteenth name, Mrs. James...

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