People v. Kruger

The only ground of appeal that I deem necessary to consider is that which pertains to the excusing from attendance at the trial of two jurors from the venire of twelve summoned. These two jurors were excused by the Justice at their request for their own convenience out of court before the day of trial without the knowledge or consent of either party. Upon being apprised of this fact defendant at the outset of the trial promptly moved to dismiss all of the jurors and that a new jury be drawn, which was denied. A jury of six was then drawn and seated from the remaining ten, the defendant not…