Benford v. State

Russell, O. J.

1. As a general rule, the trial judge may excuse jurors for any reason addressed to his sound discretion; but he can not excuse a member of a regularly drawn and summoned jury unless he has some legal excuse. (Judge v. State, 8 Ga. 173; Ellis v. State, 114 Ga. 36, *1539 S. E. 881); and excusing such a juror in a criminal case, over the timely objection of the defendant, may require the grant of a new trial. Cunneen v. State, 96 Ga. 406 (23 S. E. 412); Cochran v. State, 113 Ga. 736 (39 S. E. 337). Still, in the present case, under the recitals of the trial judge in his explanatory…