Cabell v. State

The defendant, Jerry Cabell, was tried by a jury on a murder charge in July of 1976. After the jury retired to deliberate, the court was informed that the alternate juror had participated in the deliberations. The court brought this matter to the attention of defendant and his attorneys. The defendant moved for the withdrawal of the submission of the cause from the jury. Although this motion is not necessarily the same as a motion for mistrial, it was treated as such by the court and by both parties. A date for a retrial was immediately set. In their briefs both parties treat this motion as a…