1.  ^^  After  a  juror  has  been  sworn  in  chief  and  taken  his  seat^
if  it  be  discovered  that  he  is  incompetent  to  serve,  he  may,  ifl
the  exercise  of  a  sound  discretion,  be  set  aside  by  the  court,  at
any  time  before  evidence  is  given ;  and  this  may  be  done  even
in  a  capital  case,  and  as  well  for  cause  existing  before  as  after
» the  juror  was  sworn.  Wharton  Am.  Cr.  Law,  860 ;  Tod  v.
State,  11  Leigh,  714 ;  Teople  v.  Damon,  13  Wend.,  852.  The
court  may  and  should,  in  its  discretion,  set  aside  all  personi
who  are  incompetent  jurors ;   and  it  may  be  done  after  he  is


Bep.,  869.]  McGuiBS  v.  Statb.  1295

approTed,  without  objection  to  him  by  the  state  or  aconsed.  9
B.  dk  M.,  115;  2  Mason,  91-94,  104;  6  Hnmph.,  249;  8  ib.,
597;  S  Dev.  &  Bat  196.
