Court of Criminal Appeals of Texas December 12, 1973, No. 47706 (Ford v. State)

OPINION

DALLY, Commissioner.

The conviction is for robbery by assault; the punishment, twenty years’ imprisonment.

At the outset, appellant contends that the trial court erred in overruling his motion for mistrial when it was brought to some of the jurors’ attention that appellant was in custody. The record reflects that during a noon recess some of the jurors were seated in the courtroom.