State v. Simons

The opinion of the court was delivered by

Doster, C. J. :

This is an appeal from a judgment of conviction of the offense of obtaining money under false pretenses. After the evidence and during the argument of the case one of the jurors became ill, and, in consequence, had to be excused from further service. The defendant asked that the case proceed to verdict, notwithstanding the discharge of the juror, and he and his counsel and the county attorney agreed that such might be done, but that the record should be so made up as to show a trial by a full jury panel. The court assented to this…