dissenting.
The majority errs in overruling appellant’s twelfth ground of error which complains of the trial court’s sua sponte exclusion of juror Higginbotham over his objection. Higginbotham was not “absolutely” disqualified under Article 35.16, V.A.C.C.P.;1 See also Article 35.19, V.A.C.C.P.; he merely expressed inability to consider probation in the event of conviction for murder. Id. Therefore, the trial judge’s action in excusing him was error. Hernandez v. State, 643 S.W.2d 397 (Tex.Cr.App.1982); Esquivel v. State, 595 S.W.2d 516 (Tex.Cr.App.1980); Bodde v. State, 568 S.W.2d 344 (Tex.Cr.App.1978); Valore v. State, 545 S.W.2d 477 (Tex.Cr.App.1977).
The majority, however, holds the appellant’s objection — “note our exception to the record” — was not specific enough to preserve the error.
Until the court requires the prosecution to state specific grounds for its objections to jurors and challenges for cause, I am of the view that the objection made here is adequate. When a juror is excluded over the defendant’s objection, it is absurd that he should be required to stand and recite a litany of all the reasons the juror should not be excused.
I dissent.
. "No juror shall be impaneled when it appears that he is subject to the second, third or fourth grounds of challenge for cause set forth above, although both parties consent. All other grounds for challenge may be waived by the party or parties in whose favor such grounds of challenge exist [Emphasis added]."
The second, third and fourth grounds for challenge set out in the statute are that the venireperson has been convicted of a felony, is under accusation for a felony, or theft, is insane or physically unfit to serve, is legally blind and the court, one party or the venireperson himself believes it would render him unfit.