Culbert

The appellant was one of a jury of twelve persons who were impaneled in the ' superior court of Amador county for the trial of William Evans on a charge of murder, October 16,1893. The trial proceeded from day to day to and including October 28th, when two of the jurors became sick and unable to perform their duty as jurors, and the trial of the cause was continued from that day to November 4th; and upon November 4th, the two jurors being still sick and unable to attend, the cause was again postponed until November 11th, and from the latter date for a similar reason until November 27th, when the two jurors, still being sick and unable to attend court, the cause was continued for the term, and jury finally discharged. All of the jurors impaneled were present in court each day until October 28th, and also upon the several days to which the cause was continued, until they were finally discharged; but, on the days on which the continuances were granted on account of the sickness of the jurors, they were all excused from attendance and permitted to go to their respective houses and business during the intervening periods. Upon their discharge the jurors received warrants for the…