that's the way I feel about it . . . I would be more inclined to believe the defense before I would the person who says they were injured." Because the trial court denied the challenge for cause, plaintiff peremptorily removed the prospective juror. Before the panel was completed, she exhausted all of her remaining peremptory challenges. The jury returned a verdict in favor of the defendant. Held:

"Jurors should come to the consideration of a case . . . free from even a suspicion of prejudgment or fixed opinion upon any material fact in the issue to be tried -- as to the parties, the subject-matter, or the credibility of the 11 witnesses." Smith v. State, 16 Ga. App. 299 (85 SE 207) (1915). "In such a case when a challenge is made and improperly overruled but such juror does not serve on the jury trying the case because he is stricken by the complaining party, such ruling is not error unless it appears that the party had to exhaust his peremptory challenges in order to get rid of the juror." Felker v. Johnson, 53 Ga. App. 390, 395 (186 SE 144) (1936). Upon the record before us the juror was disqualified, and all the plaintiff's peremptory challenges were exhausted. A new trial is required.