Thomas v. State

Sognier, Judge.

Thomas appeals his conviction of voluntary manslaughter and robbery.

1. Appellant contends the trial court erred by denying his motion for a mistrial based on an unauthorized excusal of a juror by a deputy clerk of court.

The record discloses that a jury list of 130 persons was drawn to serve on jury duty starting March 19, 1984, the date appellant’s trial commenced. On that date 68 persons on the jury list appeared; this was the total number who had received summons to be present. After the first 48 persons arrived the remaining persons were excused for the day, as the clerk of…