Thompson v. State

WOODLEY, Judge.

The offense is rape; the punishment, ten years.

Bill of Exception No. 1 complains of the action of the court in declining to order mistrial and discharge the entire jury panel after one juror, of the six selected and sworn, who was not challenged by either the State or the defense, was excused by the court.

The trial judge, acting under authority of Lee v. State, Tex.Cr.App., 301 S.W.2d 114, called Juror Katz from the jury room and excused him under the following circumstances:

The juror was sworn and empaneled after he was examined by both sides and accepted as the fifth juror.…