Chavez v. State

OPINION

in which KELLER, P.J., PRICE, WOMACK, KEASLER, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

Appellant entered a plea of not guilty to the offense of aggravated assault with a deadly weapon and proceeded to trial before a jury. After the jury had informed the trial court that it had reached a verdict, but before the verdict was announced in court, one of the jurors suffered a heart attack. Over appellant’s objection, the trial court received the verdict of the remaining eleven jurors. Holding that the trial court’s decision to proceed with eleven jurors after the charge had been to read to…