Heartfield v. State

OPINION

ODOM, Judge.

This appeal is from a conviction for the offense of murder with malice; the punishment was assessed by a jury at 75 years.

Appellant alleges nine grounds of error, none of which challenges the sufficiency of the evidence. The first is that the court erred by excusing a juror without proper hearing.

The record reflects that the voir dire examination of prospective jurors began at 1:00 P.M., and at 1:50 P.M., one of the veniremen (No. 23 on the list) tardily appeared. This was after 32 veniremen had been questioned. The court, over objection, excused the said venireman and told…