People v. Page

OPINION OF THE COURT

John A.K. Bradley, J.

The defendant moves to set aside his conviction for, among *871other things, grand larceny, on the grounds that this court allegedly substituted an alternate juror during deliberations without having the defendant sign a written waiver.

When a juror became seriously ill after four hours of deliberation, the court considered the possible courses of action. The defendant, through the same counsel who brings on this motion, pleaded with the court not to declare a mistrial (because there had already been delays in the case) but to seat an alternate. At the…