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BUTLER v. STATE

No. 10-02-098-CR.

119 S.W.3d 404 (2003)

Henry Sterling BUTLER, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Overruled October 15, 2003.

Attorney(s) appearing for the Case

John M. Hurley, Waco, for appellant.

John W. Segrest, McLennan County District Attorney, Waco, for appellee.

Before Justice VANCE, Justice GRAY, and Senior Justice HILL (Sitting by Assignment).

MEMORANDUM OPINION

BILL VANCE, Justice.

A jury convicted Henry Sterling Butler of being a felon in possession of a firearm and assessed his punishment at forty years' imprisonment. Butler claims in a single issue that the court abused its discretion by proceeding with the trial after discharging one of the jurors.

After the State's second witness, Pamela Butler, took the stand and introduced herself...

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