State v. Lane

40 Wn.2d 734 (1952)

246 P.2d 474

THE STATE OF WASHINGTON, Respondent,

v.

VIRGIL R. LANE et al., Appellants.[1]

No. 31912.

The Supreme Court of Washington, En Banc..

July 10, 1952.

John E. Prim, for appellants.

Charles O. Carroll and V.D. Bradeson, for respondent.

OLSON, J.

The principal question presented by this appeal is: When one juror becomes ill, after a jury of twelve has been impaneled and sworn to try a criminal cause involving a felony, and the court, at the request of the accused and with the consent of the state, excuses the indisposed juror and proceeds with the trial with the remaining…