
    Case No. 16,117.
    UNITED STATES v. RANDALL.
    [2 Cranch. C. C. 412.] 
    
    Circuit Court, District of Columbia.
    May Term, 1823.
    Criminal Law—Discharge of Juror.
    After the jury is sworn, in a capital case, and the cause has been opened, the court cannot, without the prisoner’s consent, discharge a juror, at his own request.
    Indictment [against the negro Randall] for a rape on Maria Schcals.
    After the jury was sworn, and the attorney for the United States had advanced considerably in opening the case, John Morgan, a quaker, one of the jurors, asked the court to excuse him from serving on the jury in this ease, as he could not, consistently with his feelings, serve íd a case of life and death.
   THE COURT

(THRUSTON, Circuit Judge, absent,)

said they could not now excuse the juror, without the consent of the prisoner; which was not given; and the juror was not excused.  