Alberto Carrillo v. State Texas

The appellant argues that the trial court abused its discretion in allowing a jury of eleven to proceed to a verdict after the court had discharged one of the jurors. In this case the jury had been sworn and impaneled and the State had started to present its evidence. After hearing the testimony for approximately thirty minutes, one of the jurors informed the trial court that she remembered that the appellants sister had been one of her pupils and she further stated that it would affect her ability as a juror. The trial court after considering the matter discharged the juror and continued the trial with the remaining jurors. The appellant moved for a mistrial and objected to continuing the trial before the eleven jurors. The motion was denied and the objection overruled.