State v. Rombolo

*561The opinion of the court was delivered by

Garrison, J.

The plaintiff in error having been convicted of murder in the first degree brings up with liis writ of error a certification of the proceedings under the statute. The first point argued is that the accused suffered manifest wrong or injury from the denial of his motion for the withdrawal of a juror made after the close of the state’s case.

The motion was as follows:

“Mr. Dougherty — I make a motion for an order of mistrial, on the ground that Mr. Black, who is a juror in this trial, was also a juror in the previous trial, and, of course,…