The trial court improperly discharged a juror during deliberations based on what it perceived to be the juror’s inability to set aside a speculative scenario he had imagined rather than evidence presented in court. However, the Court of Appeal viewed the evidence differently, agreeing with defense counsel that the juror’s comments to the trial court suggested a very real possibility that the juror was actually expressing doubt as to appellant’s guilt due to the absence of evidence. Judgment reversed.
^