Kirk v. State

STAKELY, Justice.

The appellant was indicted for assault with intent to murder. He was tried and convicted of simple assault by a ’jury in Jefferson County. The judgment entry shows that a jury consisting of twelve men was impaneled and sworn, but during the trial one of the jurors was discharged from further duty. The record shows that the order of the court discharging the juror was made with the unanimous consent of the solicitor, the defendant, his counsel and the trial judge, and that they all agreed to a continuation of the trial and rendition of the verdict by the remaining eleven…