Douthitt v. State

The appellant was tried and convicted upon an indictment charging him with the crime of arson. The one question here presented for decision arises upon the appellant’s motion for a new trial as presented by the fifth cause in said motion assigned. It was shown by that assignment that a juror had, some years before the trial, been confined, for a short period, as a patient in the insane hospital and had been discharged as improved. It was further shown that the jury had been sworn to try the cause, and, before proceeding with the trial, the prosecuting attorney advised one of the attorneys…