State v. Miller

The defendant was convicted upon trial by jury of possession of narcotics. During the course of the trial, due first to illness of a juror, and then to illness of the trial judge, there was an eight-day recess. When trial resumed after the recess the defendant moved for a mistrial, asserting as one of his grounds that at least three of the jurors had been utilized as jurors in another case during the recess. In connection with the motion, he introduced evidence that during the recess these jurors sat on a sale-of-narcotics prosecution which ended in a mistrial after the testimony of the…