People v. Powell

After three days of trial in this prosecution for burglary, the case was adjourned over the weekend to the following Tuesday. The first order of business that day was an application by the prosecutor for a material witness order to obtain the testimony of one of the tenants of the burglarized apartment. After colloquy on that matter, the court told counsel that it had received a communication from one of the jurors that her husband had been hospitalized, and that she would not be coming to court that morning. The trial court had not inquired into the nature of the husband’s illness or the…