People v. Ferguson

Denman and O’Donnell, JJ. (dissenting).

We agree with the majority that the circumstances herein did not present a case of "manifest necessity” for declaration of a mistrial. If the court had made further inquiry or explored alternative remedies, it may well have been possible to continue with the trial after a brief adjournment. Indeed, since defense counsel’s subsequent investigation revealed that the missing juror was in fact released from the emergency room later that day with relatively minor injuries and may well have been available within a day or two if a continuance had been granted,…