While so much of the judgment, from which the appeal is taken, as withdraws a juror, orders a mistrial and continues the case, is within the legal authority of the trial judge, the remaining part of it which follows is in excess of his legal authority, and is hereby stricken out. The Attorney-General for the State concedes error.

The cause is remanded to the Superior Court of Cabarrus County for further proceedings.

Error and remanded.