People v. Powell

I believe that the record shows that the trial court acted well within its discretion when it replaced the sworn juror with an alternate.

On the fourth day of the trial, the court told counsel that juror Number 12 had communicated with the court that morning, "indicating that her husband has been hospitalized” which "would apparently prevent her from coming to court this morning”. The court waited till after noon for the juror to return, and then seated the alternate.

I disagree with the majority’s conclusion that the discharge of the juror "after such a short period of absence, without making…