19-2128. DISCHARGE OF JUROR FOR ILLNESS OR DISABILITY — SUBSTITUTE JUROR. If, before the conclusion of the trial, a juror becomes sick, so as to be unable to perform his duty, the court may order him to be discharged. In that case a new juror may be sworn and the trial begin anew, or the jury may be discharged and a new jury then or afterwards impaneled; provided, however, that where substitute jurors have been impaneled in the manner provided by law, such substitute juror or jurors shall be used as provided by the law authorizing the impaneling of substitute jurors.
History:
[(19-2128) Cr. Prac. 1864, sec. 381, p. 259; R.S., R.C., & C.L., sec. 7882; C.S., sec. 8968; am. 1923, ch. 31, sec. 1, p. 34; I.C.A., sec. 19-2028.]
Structure Idaho Code
Section 19-2101 - ORDER OF TRIAL.
Section 19-2102 - WHEN ORDER MAY BE DEPARTED FROM.
Section 19-2103 - ARGUMENT TO JURY.
Section 19-2104 - PRESUMPTION OF INNOCENCE — REASONABLE DOUBT.
Section 19-2105 - DOUBT AS TO DEGREE OF CRIME.
Section 19-2106 - TRIAL OF JOINT DEFENDANTS.
Section 19-2107 - DISCHARGE OF CODEFENDANT FOR USE AS WITNESS.
Section 19-2108 - DISCHARGE OF DEFENDANT TO TESTIFY FOR CODEFENDANTS.
Section 19-2109 - DISCHARGE EQUIVALENT TO ACQUITTAL.
Section 19-2110 - RULES OF EVIDENCE.
Section 19-2111 - CONSPIRACY — SUFFICIENCY OF EVIDENCE.
Section 19-2113 - BIGAMY — PROOF OF MARRIAGE.
Section 19-2114 - FORGING BANK BILLS — PROOF OF INCORPORATION — EXPERT WITNESSES.
Section 19-2115 - ABORTION AND ABDUCTION — CORROBORATING TESTIMONY.
Section 19-2116 - FALSE PRETENSE — SUFFICIENCY OF EVIDENCE.
Section 19-2117 - TESTIMONY OF ACCOMPLICE — CORROBORATION.
Section 19-2118 - DISCHARGE OF JURY FOR WANT OF JURISDICTION, OR INSUFFICIENCY OF INDICTMENT.
Section 19-2119 - DISCHARGE OF JURY FOR WANT OF JURISDICTION — OFFENSE COMMITTED OUT OF STATE.
Section 19-2120 - OFFENSE COMMITTED IN ANOTHER COUNTY.
Section 19-2121 - PROCEDURE IF DEFENDANT NOT ARRESTED — PROCEDURE IF DEFENDANT ARRESTED.
Section 19-2122 - PROCEDURE UPON DISCHARGE OF JURY FOR INSUFFICIENCY OF INDICTMENT.
Section 19-2123 - ADVISORY INSTRUCTION TO ACQUIT.
Section 19-2124 - VIEW OF PREMISES BY JURY.
Section 19-2125 - DISCLOSURE OF FACTS KNOWN BY JUROR.
Section 19-2126 - CUSTODY OF JURY DURING TRIAL.
Section 19-2127 - ADMONISHMENT OF JURY ON ADJOURNMENTS.
Section 19-2128 - DISCHARGE OF JUROR FOR ILLNESS OR DISABILITY — SUBSTITUTE JUROR.
Section 19-2129 - DECISION OF QUESTIONS OF LAW.
Section 19-2130 - DECISION OF QUESTIONS OF LAW AND FACT — TRIAL FOR LIBEL.
Section 19-2132 - INSTRUCTIONS TO JURY — REQUESTS — INSTRUCTIONS ON INCLUDED OFFENSES.
Section 19-2133 - RETIREMENT OF JURY — OATH OF BAILIFF.
Section 19-2134 - COMMITMENT OF DEFENDANT PENDING TRIAL.
Section 19-2135 - ABSENCE OF PROSECUTING ATTORNEY — APPOINTMENT OF SUBSTITUTE.