Commonwealth v. Lawless

The jury as originally empanelled consisted of twelve men. But, after the trial began and some evidence had been introduced, one of the jurors informed the trial judge that he was disqualified and the judge with the consent of the parties excused him. The defendant having agreed to proceed with eleven jurors, the trial was resumed, and resulted in the conviction of the defendant for committing the misdemeanor with which he was charged under G. L. c. 273, § 11. The defendant at the close of the evidence moved “that the jury may be discharged and a mistrial declared on the ground and for the…