Court of Criminal Appeals of Texas

Albert Carrillo, Appellant v. the State of Texas, Appellee

April 30, 1980597 S.W.2d 769

Summary

The Court reversed Carrillo's murder conviction and remanded the case because the trial court erred by failing to give the appellant the choice to proceed with an eleven‑member jury or to declare a mistrial after discharging a juror for bias. The Court held that "disabled from sitting" under Art. 36.29 is limited to physical, mental, or emotional disabilities, not bias or prejudice.