Court of Criminal Appeals of Texas

John Glenn Miller, Appellant v. the State of Texas, Appellee

June 19, 19851985 Tex. Crim. App. LEXIS 1437

Summary

The Court of Criminal Appeals of Texas affirmed the conviction of John Glenn Miller, holding that the jury was "selected" under Article 33.03 when the parties submitted their jury lists, which occurred before Miller voluntarily absented himself. The majority construed the statutory phrase liberally to further legislative intent and found no constitutional barrier to proceeding. A concurring judge agreed with the result but argued the petition for discretionary review should not have been granted.