18 Ga. App. 14 | Ga. Ct. App. | 1916
1. As a general rule, the trial judge may excuse jurors for any reason addressed to his sound discretion; but he can not excuse a member of a regularly drawn and summoned jury unless he has some legal excuse. (Judge v. State, 8 Ga. 173; Ellis v. State, 114 Ga. 36,
2. Where a party objects to a juror’s being excused, it is incumbent upon him to show a reason why the juror should not be excused. The judge is not required to give his reason for excusing a juror.
3. It is a matter of discretion for a trial judge whether the panels of jurors required by law shall be filled by waiting for the return of jurors engaged in the trial of another case, or by summoning tales jurors.
4. The exception in the bill of exceptions to the overruling of the challenge to the array comes too late. No exceptions pendente lite were preserved, and the ruling upon a challenge to the array can not be brought into review by a motion for a new trial. Consequently the complaint as to the challenge can not be considered.
5. The evidence authorized the verdict, and it was not error to overrule the motion for a new trial.
Judgment affirmed.