Hart v. State

Quillian, Chief Judge.

Tried, for murder, defendant appeals his conviction for voluntary manslaughter. Held:

1. Error is claimed because the trial court did not remove a juror for alleged misconduct.

After deliberating for about one hour the jury was recessed for the night. Defense counsel then informed the court that as the jury was leaving a woman juror came up to him and tearfully told him that she was upset by defense counsel’s argument concerning a person who had died of cancer because her husband had just died of cancer, and wished that he would not do that in the future. The defense…