People v. Clark

The defendant has appealed from an order of court denying his motion to vacate the judgment of commitment which was rendered against him upon conviction of two felonies. It is contended the court was without jurisdiction to render the judgment for the reason that the verdict was returned by only eleven jurors. One of the twelve jurors sworn to try the case became ill and was unable to complete the case. By consent of both parties, including the defendant and his attorney, in open court the absence of the sick juror was waived.

In March, 1931, the defendant was charged by an information filed…