Sewell v. State

OPINION

McCORMICK, Judge.

Appellant was convicted of murder. Punishment was assessed at eighty years.

Appellant, in a single ground of error, complains that the trial court committed an abuse of discretion in declaring a mistrial on its own motion. At his first trial, appellant, prior to voir dire of the jury, filed a motion to shuffle the jury panel in accordance with Article 35.11, V.A.C.C.P. The trial judge denied the motion. Thereafter, appellant proceeded with the State to select a jury which was impaneled and sworn. After the jury had been impaneled and sworn, the trial judge determined…