State v. Tyson.

Only one exception is presented in the record and that arises upon the refusal of the court to sustain the plea of former jeopardy- and discharge the prisoner. It appears that the prisoner was placed on trial under the-same bill of indictment at the April Term before Judge Bryan, who discharged the jury, after four and a half days, on account of the drunken condition of a juror, which incapacitated him from further service. Erom the findings of the court, we gather that after the evidence was closed and pending argument it was discovered that one of the jurors, one Coving- ton, bad without…