State v. Lopez

Ward, J. †

— The defendant, Pedro Ochoa Lopez, was convicted on three counts, each charging him with a separate sale of a narcotic drug, marijuana. The two assignments of error made do not require a statement of the evidence upon which the jury found defendant guilty.

The first claim of error arises out of the following situation. On the morning of the third day of the trial, after both the state and defense had rested, the trial judge called counsel for both sides to his chambers and notified them of a report he had received that one of the jurors, a woman, was ill but was present in court.…