Dumire v. State

HERRMANN, Justice:

This is an appeal from a judgment of conviction for operating a motor vehicle while under the influence of intoxicating liquor. The State has filed a motion to affirm the judgment below under the new Rule 8(2) of this Court, Del.C.Ann. 1

We have carefully considered the appellant’s opening brief. The sole issue presented on the appeal is the propriety of the action of the Trial Judge in discharging one of the jurors and substituting an alternate juror.

It appears that the Trial Judge, sua sponte, excused one of the jurors and substituted an alternate juror duly selected under…