Hanvey v. State

Crawford, Justice.

The plaintiff in error was charged with murder, -and found guilty ; he submitted a motion for a new trial which was overruled, and that ruling is the error alleged in this case.

1. It is complained that the judge excused a juror who *614had been sworn “ in chief.” The record shows that after he had been accepted and sworn, he presented the certificate of a physician that he was unable to serve ; the attention of counsel for the prisoner was called to the fact, who agreed that the judge might hear the juror’s excuse under oath, which was done, and the juror excused. There was…