Duvio v. Continental Casualty Co.

On Application for Rehearing PER CURIAM. Continental points out for the first time on application for rehearing that of the nine peremptory challenges it exercised two were against alternate jurors and no alternate actually served. Our facts are therefore that only one juror was improperly excluded from the 12 who actually served. Our law remains the same. The one excluded juror might have voted against the verdict and persuaded others to do so as well. Rehearing is refused.