Acosta v. State

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for murder. Punishment was assessed by the jury at fifty years.

The sufficiency of the evidence is not challenged.

Appellant contends the court erred in re-refusing to grant his motion for mistrial for the reason that an illegal juror served on the jury.

The record reflects that appellant exercised one of his peremptory challenges by striking the thirteenth name, Mrs. James L. Byrd, on his jury list. After the voir dire examination was concluded and both sides had exercised their peremptory challenges, the court advised the panel that…