A. In any criminal case in which trial by jury is dispensed with as provided by law, the whole matter of law and fact shall be heard and judgment given by the court. In appeals from juvenile and domestic relations district courts, the infant, through his guardian ad litem or counsel, may waive a jury.
B. Twelve persons from a panel of not less than 20 shall constitute a jury in a felony case. Seven persons from a panel of not less than 13 shall constitute a jury in a misdemeanor case.
C. The parties or their counsel, beginning with the attorney for the Commonwealth, shall alternately strike off one name from the panel until the number remaining shall be reduced to the number required for a jury.
D. In any case in which persons indicted for felony are tried jointly, if counsel or the accused are unable to agree on the full number to be stricken, or, if for any other reason counsel or the accused fail or refuse to strike off the full number of jurors allowed such party, the clerk shall place in a box ballots bearing the names of the jurors whose names have not been stricken and shall cause to be drawn from the box such number of ballots as may be necessary to complete the number of strikes allowed the party or parties failing or refusing to strike. Thereafter, if the opposing side is entitled to further strikes, they shall be made in the usual manner.
Code 1950, § 8-208.21; 1973, c. 439; 1974, c. 611; 1975, cc. 495, 578; 1979, c. 230; 1997, cc. 516, 518; 2005, c. 356.
Notes of Decisions
Commonwealth v. Washington, 559 S.E.2d 636 (Va. 2002).
· cites it 4× “Therefore, rather than make this jury wait around all day and see if it can be done properly, the mistrial for the inability to have 12 jurors hear and decide this case properly is equivalent to a sick juror or a missing juror, taking us under the 12 [required by Code §…”
Cudjoe v. Commonwealth, 475 S.E.2d 821 (Va. Ct. App. 1996).
· cites it 20× “The appellant asserts that under Code § 19.2-262, he is entitled to four peremptory strikes for any reason at all, so long as the strikes do not constitute intentional racial or gender discrimination in violation of the Equal Protection Clause of the Federal Constitution and the…”
Thomas Gerald Adkins, Sr. v. Commonwealth, 480 S.E.2d 777 (Va. Ct. App. 1997).
· cites it 10× “Code § 19.2-262 establishes the procedure for selection of a criminal petit jury in Virginia, providing, in pertinent part, that: (2) Twelve persons from a panel of twenty shall constitute a jury in a felony case.”
Justus v. Commonwealth, 266 S.E.2d 87 (Va. 1980).
· cites it 2× “While grave questions were raised concerning the ability of the other five veniremen to sit impartially, we need only consider the action of the trial court in refusing to exclude for cause Jennifer Swain.”
Buchanan v. Commonwealth, 384 S.E.2d 757 (Va. 1989).
· cites it 2× “Code § 19.2-262. See O’Dell, 234 Va. at 690 , 364 S.”
Walker v. Commonwealth, 515 S.E.2d 565 (Va. 1999).
· cites it 2× “Walker asserts that admission of this evidence was error on three primary grounds: (1) without a positive connection of the evidence to the defendant by some standard of proof, the evidence does not meet the test of relevancy; (2) due process requires proof of unadjudicated…”
Breeden v. Commonwealth, 227 S.E.2d 734 (Va. 1976).
· cites it 2× “1975) [now Code § 19.2-262 (Repl. Vol. 1975)] to exclude a venireman who is not free from exception.”
Atkins v. Commonwealth, 510 S.E.2d 445 (Va. 1999).
· cites it 3× “Neither party challenged Christian for cause, and the trial court retained her in the venire for final jury selection.”
Morrisette v. Warden of Sussex I, 613 S.E.2d 551 (Va. 2005).
· cites it 2× “Commonwealth and accused in a criminal case shall each be allowed one additional peremptory challenge for every two additional jurors.”
Strickler v. Commonwealth, 404 S.E.2d 227 (Va. 1991).
· cites it 2× “The court’s ruling correctly applied Code §§ 19.2-262(2) (twelve persons from panel of twenty constitute jury in felony case) and 8.”
Tyrone Jerrard Simmons v. Commonwealth of Virginia, 754 S.E.2d 545 (Va. Ct. App. 2014).
· cites it 2× “19 (now Code § 19.2-262)). Every prospective juror must stand indifferent to the cause, “and any reasonable doubt as to a juror’s qualifications must be resolved in favor of the accused.”
— Va. Code Ann. § 19.2-262(2) — 3 cases
Strickler v. Commonwealth, 404 S.E.2d 227 (Va. 1991).
“The court’s ruling correctly applied Code §§ 19.2-262(2) (twelve persons from panel of twenty constitute jury in felony case) and 8.”
— Va. Code Ann. § 19.2-262(3) — 1 case
Cudjoe v. Commonwealth, 475 S.E.2d 821 (Va. Ct. App. 1996).
“The appellant asserts that under Code § 19.2-262, he is entitled to four peremptory strikes for any reason at all, so long as the strikes do not constitute intentional racial or gender discrimination in violation of the Equal Protection Clause of the Federal Constitution and the…”
— Va. Code Ann. § 19.2-262(4) — 2 cases
Thomas Gerald Adkins, Sr. v. Commonwealth, 480 S.E.2d 777 (Va. Ct. App. 1997).
“Code § 19.2-262 establishes the procedure for selection of a criminal petit jury in Virginia, providing, in pertinent part, that: (2) Twelve persons from a panel of twenty shall constitute a jury in a felony case.”
— Va. Code Ann. § 19.2-262(B) — 6 cases
Commonwealth v. Washington, 559 S.E.2d 636 (Va. 2002).
“Therefore, rather than make this jury wait around all day and see if it can be done properly, the mistrial for the inability to have 12 jurors hear and decide this case properly is equivalent to a sick juror or a missing juror, taking us under the 12 [required by Code §…”
Morrisette v. Warden of Sussex I, 613 S.E.2d 551 (Va. 2005).
“Commonwealth and accused in a criminal case shall each be allowed one additional peremptory challenge for every two additional jurors.”
— Va. Code Ann. § 19.2-262(C) — 2 cases
— Va. Code Ann. § 19.2-262(D) — 1 case
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