Archibald v. State

AKIN, Justice.

Defendant appeals from a conviction for murder. Punishment was assessed at 90 years by the jury. She contends that the judge erred in refusing to reshuffle the jury panel and that the penalty imposed was excessive for the crime committed. We agree that the judge erred in failing to cause the panel to be reshuffled. Accordingly, we reverse.

Defendant contends that she was denied the right to have the names of the persons drawn for the jury panel in her case shuffled in accordance with Tex.Code Crim. Pro.Ann. art. 35.11 (Vernon 1966). We agree. Tex.Code Crim.Pro.Ann. art. 35.11…