State v. Tervalon

Appellant was convicted of the crime of having stolen goods in his possession, knowing that they were stolen. The trial of the case was by a jury of five. By accident the minute clerk, in recording the minutes of the proceedings, omitted the name of one of the jurors. Defendant’s 'attorney therefore filed a motion in arrest of judgment, contending that the case had been tried by only four jurors. Before the motion was heard, the district attorney, in a proceeding by rule' upon the defendant and his attorney, had the minutes corrected by inscribing the name of the juror whose name had been…