Doebler v. Commonwealth

Tilghman C. J. Tilghman C. J.

► Two errors are assigned in this case; Two errors are assigned in this case; one, that the defendant was tried by only eleven jurors — the other, that after the jury were sworn, the Court discharged one of the jurors, and put another in his place, without the consent of the defendant. The first being decisive, it is unnecessary to consider the second. It is stated in the record, that a jury being called, came, &c. The names of the jurors are then given, which are eleven only in number, although they are said to be twelve sober, judicious, honest, and lawful men.…