SHEARS v. STATE

No. 12-82-0055-CR.

667 S.W.2d 805 (1983)

Johnny W. SHEARS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Tyler.

Rehearing Denied November 3, 1983.

Discretionary Review Refused March 14, 1984.


Attorney(s) appearing for the Case

Paul Tatum, Nacogdoches, for appellant.

Herbert Hancock, Nacogdoches, for appellee.


McKAY, Justice.

Appellant was found guilty by a jury of five counts of burglary of a building with intent to commit theft, and also found to have been previously convicted of the offense of aggravated robbery; punishment was assessed at twenty-five years confinement.

By his first ground of error appellant contends the trial court erred in failing to grant his motion for mistrial because the same jury panel from which his jury was chosen was used to select...

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