Wilcox v. State

1. While a juror who has served in the trial of a criminal ease, and, from the testimony given ait the trial, has formed and expressed an opinion as to the guilt or innocence of the accused, is disqualified to sit as a juror on a subsequent trial of the same person for the same offense, yet if he does so sit, a new trial will not be granted solely for that reason, unless it is affirmatively made to appear that the accused and his counsel exercised due diligence to discover who constituted the first jury. Jones v. State, 95 Ga. 497 (20 S. E. 211) ; Britt v. State, 112 Ga. 583 (37 S. E. 886);…