People v. Ames

Opinion

FRANSON, J.

The sole issue is whether appellant effectively waived her right to be tried by a jury of 12 people. The trial which had begun with 12 jurors was completed with 11 jurors because one juror was excused while the trial was in progress with no alternate available.

During defense counsel’s closing argument the judge noticed that one of the jurors had been sleeping. A recess was called and both counsel and appellant met in chambers whereupon the following took place:

“The Court: I have noticed and I have sat there watching for about the better part of an hour, Mrs. Spellman, Juror…