Washington Law Review


Alan F. Austin


D was indicted for second-degree burglary. During the course of the trial one of the jurors became ill, and on motion of D's counsel, with approval of the prosecutor and the court, the ailing juror was excused and the trial proceeded with eleven jurors. The jury of eleven subsequently brought in a verdict of guilty against D. Appeal. Held: Affirmed. An accused may waive his privilege of trial before a jury of twelve and submit it to eleven jurors if he acts intelligently, voluntarily, and free from improper influences. State v. Lane, 40 Wn. 2d 734, 264 P. 2d 474 (1952).

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