Eldridge v. State

STOREY, Justice.

This is an appeal from a conviction of driving while intoxicated. Appellant contends the trial judge erred in denying appellant an opportunity to have the jury *358panel shuffled pursuant to TEX.CODE CRIM.PROC.ANN. art. 35.11 (Vernon 1966). We agree and, thus, reverse and remand for a new trial.

On the day of trial, appellant filed a written Motion to Shuffle Jurors. Before the jury panel was brought into the courtroom, the following dialogue took place between the trial judge and appellant’s counsel:

THE COURT: Mr. Bratton, at this time the Court will ask you if at this time, that…