Parks v. State

McCLINTOCK, Justice.

Danny Parks was convicted by a jury of forgery under § 6-2-101, W.S.1977. The only issue raised on appeal is whether the district court erred when it failed to declare a mistrial after discovering that one of the jurors had not been summoned for jury duty. We find that it was not error to replace the disqualified juror with the alternate juror before deliberation began, and will affirm.

The defendant’s trial began November 13, 1978. On that day Dennis Ross was summoned for federal jury duty. Mr. Ross inadvertently appeared at the county courthouse rather than the United…