Joseph McKenna

“ While one charged with a criminal offense has the constitutional right to be tried by a jury, the right of appeal from the verdict and judgment against him does not exist except by reason of the legislation of the state on the subject; and, when permitting an appeal, the lawmaking power has the right to determine for what cause a reversal may be had.'
The court of appeals also said, in passing on the contention of plaintiff in error, based on the examination of Alexander: 'It has also been held by this court that a trial for felony begins when the jury is sworn. ”

“ But we are unwilling to say that one charged with felony, and being in court, as was the appellant, with counsel at hand ready and competent to advise him of his rights, may not, in advance of the swearing of the jury, and before he is placed in jeopardy, consent to a private examination by the court of a juror against whom complaint has been made, for the purpose of ascertaining whether he was qualified to retain his place as one of the jury to try the case. ”

“ Nor do we think it is affirmatively shown by the record in this case that any injury resulted to the substantial rights of the appellant by Alexander's dismissal from the jury.'
It is manifest, therefore, that it is the law of Kentucky that occasional absence of the accused from the trial, from which no injury results to his substantial rights, is not reversible error. And we think, in applying that rule to the case at bar, plaintiff in error was not deprived of due process of law within the meaning of the 14th Amendment of the Constitution of the United States. ”