If after the jury retire one of them becomes so sick as to prevent the discharge of his duty or any other cause or accident occurs to prevent their being kept together for deliberation, they may be discharged.
(Code 1852, §650; Code 1867, §4202; Code 1876, §4907; Code 1886, §4454; Code 1896, §5278; Code 1907, §7312; Code 1923, §8694; Code 1940, T. 30, §99.)
Notes of Decisions
Cited in
3
cases, 1999–2013 · leading case:
Scheuing v. State, 161 So. 3d 245 (Ala. Crim. App. 2013).
Scheuing v. State, 161 So. 3d 245 (Ala. Crim. App. 2013).
“; § 12-16-231 (c), Ala.Code 1975. Thus, the only option available to the circuit court was to grant a mistrial.”
Toombs v. State, 739 So. 2d 550 (Ala. Crim. App. 1999).
“See § 12-16-231, Ala.Code 1975 (after the jury has begun deliberations, a juror may be discharged in the case of an illness).”
Cole v. State, 909 So. 2d 850 (Ala. Crim. App. 2004).
· cites it 2× “Likewise, § 12-16-231, Ala.Code 1975, provides for the discharge of a juror after the deliberation process has begun.”
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