State v. Ellis

The opinion of the court was delivered by

Dunbar, J.

Information for robbery was filed against the respondents. The case went to trial before a jury of twelve men on February 15, 1899, and on February 18, 1899, one of the twelve jurors became ill, and unable to proceed at the trial, or to be present in the court at all. Thereupon a stipulation was entered into to proceed with eleven jurors. The stipulation was as follows:

“ It is hereby stipulated between the state and the defendants and defendants’ consent is hereby given that the trial of this case shall proceed with eleven jurors, and the…