Smith v. State

This Court has held that if counsel does not ascertain during voir dire the competency of jurors, any error in empaneling the juror is waived. In the instant case, the questionable competency of this juror was ascertained and brought to the attention of the trial court during voir dire. In Carr v. State, 65 Okl.Cr. 201, 84 P.2d 42 (1938), this Court held:

Every person charged with crime is entitled to a fair trial in conformity to the laws of the state, and it is a duty resting upon the courts to see that this guaranty conferred by the laws upon every citizen is upheld and sustained. And it is…