STATE v. LANE

No. 31912.

40 Wn.2d 734 (1952)

246 P.2d 474

THE STATE OF WASHINGTON, Respondent, v. VIRGIL R. LANE et al., Appellants.

The Supreme Court of Washington, En Banc..

July 10, 1952.


Attorney(s) appearing for the Case

John E. Prim, for appellants.

Charles O. Carroll and V.D. Bradeson, for respondent.


OLSON, J.

The principal question presented by this appeal is: When one juror becomes ill, after a jury of twelve has been impaneled and sworn to try a criminal cause involving a felony, and the court, at the request of the accused and with the consent of the state, excuses the indisposed juror and proceeds with the trial with the remaining eleven jurors, is the judgment and sentence entered upon the verdict of that jury valid?

The accused were being tried...

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