State v. Johnson

The opinion of the court was delivered by

Nicholls, C. J.

Accused, convicted of murder and sentenced to be hung, has appealed. It appears that one O. R. Cody was called and accepted as a juror in the case. After he and nine other persons were sworn as jurors, he informed the court that he was unwell and requested to be excused from serving, whereupon the court asked the counsel of both sides if they had any objection to this being done.

The District Attorney replied he had none. Counsel of accused said he would leave the matter to the discretion of the court. The *438court excused the juror, and…