State v. Cason

Citations

• 41 S.C. 531
• 19 S.E. 918
• 1894 S.C. LEXIS 134

Syllabus

<p>1. Trial — -Discharge of Juror. — After a jury lias been empanelled and sworn, the trial judge has no power to withdraw a juror and direct another to be substituted in his place.</p> <p>2. Ibid. — Ibid.—But upon the ascertainment at that stage of the trial, for the first time, that a juror had formed and expressed an opinion as to the prisoner's guilt, the trial judge erred in ruling that he could do nothing but proceed with the tidal, as he might have discharged the jury and ordered a new trial.</p>