Howard v. State

I concur in the result only. I adopt my concurring opinion filed in Howard v. State, 704 S.W.2d 575 (Tex.App.—Beaumont, 1986). I would add the following observation.

My earlier concurring opinion spoke of “the result reached by the majority”. This was the affirmance reached by each member of the court. I believe a careful reading of Chief Justice Dies’ earlier concurring opinion reveals he agrees that Grand Juror Kitchens was a disqualified grand juror. If I am correct in that reading, then the majority (myself and Chief Justice Dies) held that while Kitchens was disqualified, the appellant…