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CARRILLO v. STATE

No. 58933.

597 S.W.2d 769 (1980)

Albert CARRILLO, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 2.

April 30, 1980.

Attorney(s) appearing for the Case

Michael L. Williams, El Paso, for appellant.

Steve W. Simmons, Dist. Atty. and Miguel J. Cervantes, Asst. Dist. Atty., El Paso, Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P. J., and ROBERTS and DALLY, JJ.

OPINION

DALLY, Judge.

This is an appeal from a conviction for the offense of murder. The punishment is imprisonment for forty years.

The appellant argues that the trial court abused its discretion in allowing a jury of eleven to proceed to a verdict after the court had discharged one of the jurors. In this case the jury had been sworn and impaneled and the State had started to present its evidence. After hearing the testimony for approximately thirty...

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