MARQUEZ v. STATE

No. 60942.

620 S.W.2d 131 (1981)

Carlos Antonio MARQUEZ, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

June 10, 1981.


Attorney(s) appearing for the Case

Tom Wright, El Paso, for appellant.

Steve W. Simmons, Dist. Atty. and Leo B. Garcia, Asst. Dist. Atty., El Paso, Robert Huttash, State's Atty., Austin, for the State.

Before ODOM, W. C. DAVIS and McCORMICK, JJ.


ODOM, Judge.

This is an appeal from a conviction for burglary of a building. Punishment was assessed at 12 years.

In his first ground of error appellant contends one of the original twelve jurors was excused from jury service for a reason not within the reasons authorized by Art. 36.29, V.A.C.C.P., and that is was error to continue with the trial with only eleven jurors.

After the jury was selected and sworn, one of the jurors was called to testify...

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