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LITTLE v. STATE

No. A14-92-00853-CR.

853 S.W.2d 767 (1993)

Henry Eiler LITTLE, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Denied May 13, 1993.

Attorney(s) appearing for the Case

David Daugherty, Galveston, for appellant.

B. Warren Goodson, Jr., Galveston, for appellee.

Before J. CURTISS BROWN, C.J., and ELLIS and LEE, JJ.

OPINION

J. CURTISS BROWN, Chief Justice.

The appellant pled not guilty to the offense of burglary. The case proceeded to trial on June 1, 1992. After the jury was selected and sworn, the jurors were instructed to return to the courtroom at 10:30 A.M. the next day, to begin hearing evidence. Only eleven jurors returned the next morning. After waiting roughly three hours for the twelfth juror, the trial court ordered a mistrial sua sponte. The appellant...

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