Section 12-16-7

Duty of juror to declare personal knowledge as to fact in controversy during trial and proceedings upon such declaration; proceedings upon declaration of fact by juror during retirement of jury.

If a juror has personal knowledge respecting any fact in controversy, he must declare it in open court during the trial; and, if during the retirement of the jury a juror declares a fact as of his own knowledge which could be evidence in the case, the jury must forthwith return into court and such juror must, in either case, be sworn and examined as a witness in the presence of the parties.

(Code 1852, §648; Code 1867, §4200; Code 1876, §4905; Code 1886, §4475; Code 1896, §5299; Code 1907, §7896; Code 1923, §5634; Code 1940, T. 30, §7.)