Allen v. State

OPINION

ONION, Presiding Judge.

This appeal arises out of a conviction for voluntary manslaughter, wherein the jury assessed the punishment at twenty (20) years.

The record reflects that the appellant was charged with shooting and killing his wife.

At the outset appellant contends the court erred in excusing a juror, Roy Weaver, after the jury had been sworn and em-panelled. Prior to any testimony being heard, Weaver testified he had a tightness in his chest the day before and had not been able to sleep that night. He related he had gone to a doctor’s office and was found to have a temperature by…