State v. Horton

In this per curium opinion, a jury deliberated to a partial verdict, but before a complete verdict could be reached a juror was excused for a preplanned vacation. Over defense objection, the trial court brought in a substitute juror and ordered the deliberations to begin anew. The Supreme Court held that this went directly against the settled law and that the trial judge was required to take the partial verdict with the original juror.

State-v.-Horton