May v. State

The accused was convicted of the statutory offense of cruelty to animals. He made a motion for a new trial, which was overruled, and he excepted.

1. Error is assigned on the refusal of the court to grant a mistrial, tbe motion therefor being on the ground “that the court withdrew from the jury-room, while the jury was considering the case, one of the jurors empaneled and sworn in said case, . . said juror bang drawn from the panel without the knowledge or consent of movant or his counsel, and objections being *498made thereto and motion for mistrial made as soon as the facts came to the knowledge…