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NELSON v. STATE

No. 0950-03.

129 S.W.3d 108 (2004)

Alexius Jamall NELSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En banc.

March 10, 2004.

Attorney(s) appearing for the Case

Jonathan Munier and Rosa Eliades, Houston, for Appellant.

Eric Kugler, Asst. DA, Houston, Matthew Paul, State's Attorney, Austin, for State.

Before the Court en banc.

WOMACK, J., delivered the opinion for a unanimous Court.

This case presents a question of the authority of courts to reverse a conviction on appeal on the ground that a juror was absolutely disqualified.

The term "absolutely disqualified" is derived from the catchline of Article 35.19 of the Code of Criminal Procedure:

Art. 35.19. Absolute disqualification No juror shall be impaneled when it appears that he is subject to the second,

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