2l8 UNIVERSITY OF COLORADO STUDIES 



courts have generally held that while the right to jury trial may be 

 waived in civil cases, it cannot be waived in criminal cases, and that by 

 jury means trial by a jury of twelve. 



In the following States provision has been made so that death or 

 disability of a juror does not interrupt the trial: 



STATES IN WHICH ILLNESS OR DEATH OF JUROR NEED NOT INTERRUPT 



A TRIAL 



Colorado — Civil cases. C. C. P. § 189. 



Idaho — Civil cases. R. S. '87, § 4381. 



Iowa — Civil cases by consent of parties. Code '97, § 3713. 



Michigan— Civil cases if nine jurors remain. Howell's S. § 7622. 



Nevada — Civil cases. C. L. '00, § 3261. 



North Dakota — Civil cases. R. Codes '99, § 5439. 



Oregon — Civil cases by consent of parties. Hill's S. '87, § 199. 



South Dakota — Civil cases. Ann. S. '99, § 6262. 



Texas — Civil cases if nine jurors remain. R. S. '95, § 3229. Same in misdemeanors 



in district court. White, Crim. Code, § 745. 

 Tennessee — Civil cases by consent of parties. Code '96, § 4688. 

 Utah — Civil cases. R. S. '98, § 3157. 

 Washington — Civil cases by consent of parties. Ballinger's S. § 5000. 



In the interest of economy it has been argued that a jury may safely 

 consist of less than twelve. In the following States provisions for such 

 juries exist: 



STATES IN WHICH JURY MAY CONSIST OF LESS THAN TWELVE IN COURTS 



OF RECORD 



Arkansas — By consent of parties in cases less than felony. Statutes '94, § 2121. 

 California — By consent of parties in civil actions and misdemeanors. C. C. P. '97, 



§ 194- 

 Colorado — Six to twelve in civil cases on demand and payment of fees. '91, p. 83. 

 Connecticut — Nine or more in civil cases by written consent of parties. G. S. '88, 



§ «°3- 

 Florida — Twelve in capital cases, six in others. R. S. '92, § 2854. 

 Georgia — Not less than five in all except city and superior courts. Const, art. 6 



§ 18. Code '95, Vol. 2, § 4143. 

 Idaho — Less than twelve in civil cases by consent of parties. R. S. '87, § 3939. 

 Illinois — Twelve or six by agreement in trials of right to property in county courts. 



R. S. '99, p. 1274. 

 Indiana — Three to twelve by agreement in civil cases. Ann. S. '97, § 521. 



