Dunn v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of murder and given twenty-five years in the penitentiary.

A bill of exceptions discloses that after the jury had been empaneled and the trial had proceeded for some time, one of the jurors was excused with the consent of the defendant, and the case thereafter went to its final conclusion with only eleven jurors. As thus constituted, a verdict was rendered, and all the proceedings had up to the rendition of the verdict, including the verdict itself, before the eleven jurors. This constitutes fatal error and necessitates a reversal. The question…