State v. McDaniel

Ness, Justice:

This is an appeal.from a burglary conviction. We affirm.

Appellant asserts the trial court erred in excusing a juror and impaneling an alternate at the conclusion of the testimony. This is without merit.

During the trial, the juror was observed making improper remarks and gestures. Upon being apprised of this, the trial court conducted an in camera hearing to determine the pro priety of the conduct. The challenged juror was replaced with the alternate juror only after the trial court made specific findings of fact on the matter.

While appellant’s counsel objected to the procedure…