Moore

The only error assigned by appellant for a reversal of the judgment herein is the ruling of the court in excusing a juror without any challenge to said juror having been interposed by either party. It is not questioned but what th'e juror excused possessed all of the general qualifications of a juror. Upon her examination, after answering in an equivocal manner a number of the questions propounded to her both by the court and by counsel, she was asked by the court if the guilt of the defendant was established beyond a reasonable doubt by the evidence and instruction of the court would she find him guilty, to which question she replied, “I don’t know.” Whereupon the court, without any challenge being interposed by either side, stated as follows: “I think we better excuse Mrs. Wheaton. You are excused.” To which ruling the defendant then and there excepted.

While the practice of the court in excusing the juror is not that which is usually followed by our trial courts and probably not such as our criminal procedure contemplates, we cannot say that the defendant was prejudiced thereby. The answers of the juror to the questions propounded to her clearly showed that she was subject to…