Legal Opinion · Concurrence

State v. Hall

Court of Criminal Appeals of Oklahoma

Decided May 23, 2008No. S-2007-19Published

1ConcurrenceLewis, J.

T1 The guarantees of our Bill of Rights regulating the composition of grand and petit juries are essentially directed to the deliberative character and function of those bodies in the exercise of their fact-finding powers. Thus, we have held that a body composed of thirteen qualified jurors which deliberates and returns a verdict in a criminal trial is not a "jury" guaranteed by Article II, § 19. Brigman v. State, 1960 OK CR 18, 14, 350 P.2d 821, 322-328. Neither is a body of eleven qualified jurors empowered to deliberate and render judgment, unless the defendant waives the constitutionally…

2Cases cited11 opinions

  1. Scribner v. StateCourt of Criminal Appeals of Oklahoma · 1913
  2. Robbins v. PeopleSupreme Court of Colorado · 1960
  3. Viers v. StateCourt of Criminal Appeals of Oklahoma · 1913
  4. Brigman v. StateCourt of Criminal Appeals of Oklahoma · 1960
  5. United States v. HaskellDistrict Court, E.D. Oklahoma · 1909

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