Jones v. State

OPINION

THOMAS, Chief Justice.

A jury found Appellant guilty of cattle theft and assessed his punishment at six years in prison. The court refused to “shuffle” the jury panel at Appellant’s request after the panel had been shuffled at the request of the State. See Tex.Code CRIM.Proc.Ann. art. 35.11 (Vernon 1989). Appellant contends the court erred when it refused his request. The judgment will be reversed and the cause remanded for a new trial.

Article 35.11 of the Code of Criminal Procedure requires the trial judge, “upon the demand of the defendant or his attorney, or of the State’s counsel,”…