Thomas v. State

OPINION

McCORMICK, Presiding Judge.

Appellant, Kenneth Wayne Thomas, appeals from his capital murder conviction. For the following reasons we are compelled to reverse the judgment and sentence of the trial court.

In appellant’s first point of error, he asserts that the trial court erred in overruling his motion for new trial based upon allegations that a person who had served on the jury had been charged with two theft offenses and as such was disqualified to serve per Articles 35.16 and 35.19, V.A. C.C.P. We agree.

Tempie Mashael Tonroy served on the jury that convicted appellant. She was at the…