Marquez v. State

ODOM, Judge.

This is an appeal from a conviction for burglary of a building. Punishment was assessed at 12 years.

In his first ground of error appellant contends one of the original twelve jurors was excused from jury service for a reason not within the reasons authorized by Art. 36.29, V.A.C.C.P., and that it was error to continue with the trial with only eleven jurors.

After the jury was selected and sworn, one of the jurors was called to testify regarding something he had heard, and as a result he was excused by the trial judge:

“Q. (Judge): Sir, state your name please?

“A. James Pierce.

“Q.…