Johnson v. State

I am of the opinion that the State’s motion for rehearing should be granted and appellant’s first ground of error overruled. Appellant’s objection was insufficient to preserve the error now argued on appeal, and even if error was preserved, the trial court had discretion to excuse the juror under art. 2120, TEX.REV.CIV.STAT. ANN. (Vernon Supp.1982-83), and TEX. CODE CRIM.PROC.ANN. art. 35.03 (Vernon 1966).

Appellant’s first ground of error alleges that:

“The trial court erred in excusing the juror Leonard on his own motion when no challenge had been made to such jur- or, she, in no way, was…