STATE v. SHUCK

21818

278 S.C. 441 (1982)

298 S.E.2d 95

The STATE, Respondent, v. John Earl SHUCK, Appellant.

Supreme Court of South Carolina.

December 6, 1982.


Attorney(s) appearing for the Case

Asst. Appellate Defender, Elizabeth C. Fullwood, of S.C. Com'n of Appellate Defense, Columbia, for appellant.

Atty. Gen. Daniel R. McLeod and Asst. Atty. Gen. Harold M. Coombs, Jr., Columbia, and Sol. Robert J. Harte, Aiken, for respondent.


Dec. 6, 1982.

NESS, Justice:

Appellant was convicted of housebreaking and petty larceny. He now contends he was denied his constitutional right to a twelve-member jury. We disagree and affirm.

Prior to the introduction of any evidence, a juror was disqualified and replaced by the only alternate. During a recess before closing arguments, another juror was injured and excused, leaving only eleven jurors. The trial judge then advised appellant that he...

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