MacIas v. State

HARPER, Judge.

Appellant was convicted of burglary and his punishment assessed at five years confinement in the State penitentiary.

There is but one question presented for review. It appears that when the jury list was furnished appellant’s attorney the name of A. B. Ahr was erased. However, through some mistake Mr. Ahr served on the jury, and this fact was not discovered until after the verdict was received and the jury discharged. The clerk testifies he called the list of jurors with Mr. Ahr’s name thereon. Appellant’s counsel not .noticing at the time that Mr. Ahr’s name was called, he was…