Johnson v. Commonwealth

Opinion of the Court by

Judge Cammack

Reversing.

Ed Johnson was sentenced to two years in prison for carrying concealed a deadly weapon. Reversal of the judgment is urged upon the following grounds:

“(1) After the jury had been accepted and sworn, the court, without consulting appellant or securing his consent, dismissed T. Y. Harmon, a member of the jury, and impaneled W. T. Ellis in his place. After Ellis was impaneled, the jury was again sworn and the case proceeded to trial over the objection of the appellant.

“ (2) The verdict of the jury was received and read by the court without a poll of…