In Re Tremper

The opinion of the court was delivered by

Parker, J.

The appellants, jointly indicted for murder, pleaded not guilty, and in due course the matter came on for trial with a traverse jury. In the course of the trial a juror fell ill, and it was consented in open court, and with the express approval of the prisoners, that the trial proceed with eleven jurors. This was done: there was a verdict, as to one of the appellants of guilty of murder in the first degree with recommendation of life imprisonment (R. S. 2:138-4) and as to the other two, guilty of murder in the second degree. Sentence was…