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

Summary

The Court affirmed the Court of Appeals, holding that under Article 33.03 the jury is "selected" when the parties submit their jury lists with peremptory challenges noted, which occurred before appellant voluntarily absented himself; therefore the defendant waived his right to be present and the conviction stands. Justice TEAGUE, in a concurring opinion, disagreed with that construction and would have refused the petition for discretionary review.