Attendance upon trial. Whenever in the opinion of the court the trial of a cause is likely to be a protracted one, the court may, immediately after the jury is impaneled and sworn, direct the calling of as many as two additional jurors to be known as "alternate juror". Such alternate jurors shall be drawn from the same source, and in the same manner, and have the same qualifications as regular jurors, and be subject to examination and challenge as such jurors, except that the state shall be allowed one peremptory challenge to each alternate juror, and all parties defendant shall together, or any one party defendant for and on behalf and by the consent of all parties defendant, be allowed one peremptory challenge to each alternate juror. The alternate jurors shall be sworn (or affirmed) to well and truly try and true deliverance make of all issues finally submitted to them as jurors in said cause, if any such issue shall be so finally submitted to them, and shall be seated near the regular jurors with equal facilities for seeing and hearing the proceedings in the cause, shall attend at all times upon the trial of the cause in company with the regular jurors and shall obey all orders and admonitions of the court; and if the regular jurors are ordered to be kept in the custody of an officer during the trial of the cause, the alternate jurors shall also be kept with the other jurors, and, except as hereinafter provided, shall be discharged upon the final submission of the cause to the jury. If, before the final submission of the cause to the jury, a regular juror, or two regular jurors, shall be discharged because of illness, or shall die, the court shall order one or both alternate jurors, as circumstances may require, to take their places in the
jury box. After an alternate juror is in the jury box, he shall be subject to the same regulations and requirements as other regular jurors. Laws 1941, p. 88, § 2.
Notes of Decisions
Cited in
10
cases, 1954–2008 · leading case:
Davis v. State, 665 P.2d 1186 (Okla. Crim. App. 1983).
Davis v. State, 665 P.2d 1186 (Okla. Crim. App. 1983).
· cites it 3× “1977), and find, instead, that 22 O.S.1981, § 601a, operates to the exclusion of all other causes upon which a juror may be excused.”
Stouffer v. State, 738 P.2d 1349 (Okla. Crim. App. 1987).
“Appellant contends this procedure violated that set forth in 22 O.S.1981, § 601a which provides that “the court may, immediately after the jury is impaneled and sworn, direct the calling of as many as two additional jurors to be known as ‘alternate juror’.”
Miller v. State, 2001 OK CR 17 (Okla. Crim. App. 2001).
“¶ 24 The question, here, is whether or not the trial judge abused his discretion and inherent power to substitute jurors for good cause in his dismissal of Juror Murphy.”
Washington v. State, 568 P.2d 301 (Okla. Crim. App. 1977).
“2d 289 (1940), which case was decided one year prior to the enactment of 22 O.S., § 601a, in Syllabus number six, this Court stated: "It is the right and duty of the trial court to excuse any juror upon the challenge of one of the parties or upon his own motion at any time, if…”
State v. Hall, 2008 OK CR 15 (Okla. Crim. App. 2008).
“¶ 28 Just as 22 O.S.2001, § 601a, providing for alternate jurors in petit criminal juries is presumed constitutional, so to is 38 O.”
Brigman v. State, 350 P.2d 321 (Okla. Crim. App. 1960).
“Under the provisions of the statute, 22 O.S.1951 § 601a, when the case was originally submitted to the jury he became a legal *323 dead limb and should have been immediately discharged from further consideration of the case.”
Kerr v. State, 276 P.2d 284 (Okla. Crim. App. 1954).
“’ ” The court, instead of swearing the twelve jurors prior to calling the alternate juror, waited until after the selection of the alternate juror, and then swore all the jurors.”
Lusty v. State, 542 P.2d 545 (Okla. Crim. App. 1975).
“The procedure for seating an alternate juror is governed by 22 O.S.1971, § 601a, which provides that an alternate juror shall be seated only in case a regular juror be discharged because of illness or death before the case is submitted to the jury for their determination.”
Washington v. State, 568 P.2d 301 (Okla. Crim. App. 1977).
· cites it 2× “Defendant relies on 22 O.S.1971, § 601a, which provides for the selection of alternate jurors and which further provides, *308 inter alia, that the alternate should be seated upon the death or illness of a regular juror.”
Coddington v. State, 2006 OK CR 34 (Okla. Crim. App. 2006).
· cites it 2× “22 O.S.2001, § 601a provides for the use of alternate jurors to replace jurors who are sick or who have died; however, the trial court's discretion to substitute jurors is not limited to cases of sickness or death.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.