Timmons v. State

OPINION

MALONEY, Justice.

The jury convicted Meredith Glenn Tim-mons of aggravated assault and assessed a four year sentence. In two points of error, appellant contends the trial court erred in dismissing a juror with a pre-existing illness under article 36.29 of the Texas Code of Criminal Procedure 2 and in not granting a mistrial after dismissing that juror. We affirm the trial court’s judgment.

BACKGROUND

The trial court swore in a jury of twelve persons and began testimony on the first day of appellant’s jury trial. Before testimony resumed on the second day, the trial court learned that one…