State v. Little

Hatcher, Judge:

Upon an indictment for a felony, 0. C. Little pleaded not guilty and a jury was sworn to try him. Before evidence was taken, the noon hour having arrived, the state’s witnesses were excused until 1:30 P. M. At that hour they did not return. Their absence continuing until 2 P. M., the prosecuting attorney moved that a juror be withdrawn and a mistriál declared. The accused objected. . The court sustained the motion for1 the reason as shown by the record, that “ * * * 'the court officers have not been advised as to whether these witnesses will return today, or at any other time,…