POLLITT v. STATE

No. 9, Sept. Term, 1996.

686 A.2d 629 (1996)

344 Md. 318

Frederick A. POLLITT v. STATE of Maryland.

Court of Appeals of Maryland.

December 20, 1996.


Attorney(s) appearing for the Case

Nancy M. Cohen, Assistant Public Defender, argued (Stephen E. Harris, Public Defender, on brief), Baltimore, for Petitioner.

David C. Larson, Assistant Attorney General, argued (Joseph J. Curran, Jr., Attorney General, on brief), Baltimore, for Respondent.

Argued before ELDRIDGE, RODOWSKY, CHASANOW, KARWACKI and RAKER, JJ., and ROBERT C. MURPHY, Judge (retired), Specially Assigned.


CHASANOW, Judge.

In this case we are called upon to decide whether the Court of Special Appeals erred in holding that when a juror is excused immediately after the jury is sworn with no alternates, the trial judge may sua sponte select a replacement juror without allowing the defendant an additional peremptory challenge. We hold that the Court of Special Appeals did err, and we reverse.

I.

In the early morning hours of Christmas day 1994,...

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