95 Ga. 337 | Ga. | 1895
¥e are entirely satisfied that excusing this juror, and substituting another in his place, under the circumstances indicated, is. no cause whatever for setting the verdict aside. The exercise of very slight diligence on the part of counsel for the accused would have resulted in correcting the mistake made by the solicitor-general. Besides, the court in effect adjudicated that the juror objected to was incompetent, and counsel for the accused by his conduct practically acquiesced in this ruling. After taking the chances of an acquittal by the jury which tried him, the accused is not entitled to another hearing upon that ground of his motion for a new trial which relates to the matter above discussed.