16-10-106. Incapacity of juror.

Statute text

Where a jury of twelve has been sworn to try the case, and any juror by reason of illness or other cause becomes unable to continue until a verdict is reached, the court may excuse such juror. If no alternate juror is available to replace the juror, the parties at any time before verdict may stipulate in writing with court approval that the jury shall consist of any number less than twelve, and the jurors thus remaining shall proceed to try the case and determine the issues unless discharged by the court for inability to reach a verdict.

History

Source: L. 72: R&RE, p. 237, 1. C.R.S. 1963: 39-10-106.

Annotations

 

ANNOTATION

Annotations

Number of challenges for cause not limited. There has been no limit set by statute or rule on the number of challenges for cause. People v. Fink, 41 Colo. App. 47, 579 P.2d 659 (1978).

Defense counsel stipulation to a jury of less than 12 in open court and on the record satisfies the statutory requirement that the stipulation must be in writing. People v. Baird, 66 P.3d 183 (Colo. App. 2002).

Juror properly dismissed and replaced. A juror, after being sequestered for eight days, was properly dismissed and replaced with an alternate when the juror was shown to be quite nervous and upset, and no evidence of prejudice against the defendant was shown by the dismissal and replacement of the juror. People v. Evans, 674 P.2d 975 (Colo. App. 1983).

Applied in People v. Waters, 641 P.2d 292 (Colo. App. 1981).