Commonwealth v. Smith

The defendant appeals after convictions on two counts of forcible or unnatural intercourse with a child under sixteen in violation of G. L. c. 265, § 22A. After the first day of the four-day trial at which the victim had been examined and cross-examined extensively, the forewoman of the jury asked the judge to be excused because "the nature of the case [was] such that [she was] unable to fairly and impartially decide the case.” Upon being questioned by the judge, she stated that she had not disclosed her views to any other juror but had come "im*144mediately” to the judge. Counsel then consulted…