Malota v. State

CARLTON, Associate Judge.

Appellant was charged with Larceny of a Motor Vehicle. He was found guilty as charged and he appeals Final Judgment. During the first day of trial the jury was empaneled, sworn and given their preliminary instructions. At the end of the first day and before opening statements or any evidence was presented the Court excused the jury until the following morning. When the trial was resumed the following day, the Court advised the parties that a member of the original jury would not be present due to a death of his nephew. The Court stated that this juror’s “nephew was…