THOMAS v. CITY OF O'DONNELL

No. 07-89-0294-CV.

811 S.W.2d 757 (1991)

Tom THOMAS, Appellant, v. The CITY OF O'DONNELL, Texas, Appellee.

Court of Appeals of Texas, Amarillo.

June 27, 1991.


Attorney(s) appearing for the Case

Curry, Curry & Robinson, P.C., Charles B. Frye, Lubbock, for appellant.

Thompson, Thomas & Killion, James L. Killion, Lubbock, for appellee.

Before REYNOLDS, C.J., and DODSON and BOYD, JJ.


DODSON, Justice.

The question presented in this appeal is whether a party in a district court may be compelled to try his case before a jury initially comprising fewer than twelve persons. Concluding that he may not, we reverse and remand.

By five points of error, appellant Tom Thomas contends the trial court erred (1) by failing to call additional veniremen after the parties' challenges reduced the venire to fewer than twenty-four; (2) in overruling his motion...

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