(b) In non-capital felony cases and in capital cases in which the State does not seek the death penalty, the State and defendant shall each be entitled to ten peremptory challenges. If two or more defendants are tried together each defendant shall be entitled to six peremptory challenges and the State to six for each defendant.
(c) The State and the defendant shall each be entitled to five peremptory challenges in a misdemeanor tried in the district court and to three in the county court, or county court at law. If two or more defendants are tried together, each defendant shall be entitled to three such challenges and the State to three for each defendant in either court.
(d) The State and the defendant shall each be entitled to one peremptory challenge in addition to those otherwise allowed by law if one or two alternate jurors are to be impaneled and two peremptory challenges if three or four alternate jurors are to be impaneled. The additional peremptory challenges provided by this subsection may be used against an alternate juror only, and the other peremptory challenges allowed by law may not be used against an alternate juror.
Acts 1965, 59th Leg., p. 317, ch. 722, Sec. 1, eff. Jan. 1, 1966. Amended by Acts 1973, 63rd Leg., p. 1127, ch. 426, art. 3, Sec. 4, eff. June 14, 1973; Acts 1983, 68th Leg., p. 4594, ch. 775, Sec. 3, eff. Aug. 29, 1983.
Subsecs. (a), (b) amended by Acts 1991, 72nd Leg., ch. 652, Sec. 5, eff. Sept. 1, 1991.
Structure Texas Statutes
Title 1 - Code of Criminal Procedure
Chapter 35 - Formation of the Jury
Article 35.02. Sworn to Answer Questions
Article 35.04. Claiming Exemption
Article 35.05. Excused by Consent
Article 35.06. Challenge to Array First Heard
Article 35.07. Challenge to the Array
Article 35.08. When Challenge Is Sustained
Article 35.09. List of New Venire
Article 35.10. Court to Try Qualifications
Article 35.11. Preparation of List
Article 35.12. Mode of Testing
Article 35.13. Passing Juror for Challenge
Article 35.14. A Peremptory Challenge
Article 35.15. Number of Challenges
Article 35.16. Reasons for Challenge for Cause
Article 35.17. Voir Dire Examination
Article 35.18. Other Evidence on Challenge
Article 35.19. Absolute Disqualification
Article 35.20. Names Called in Order
Article 35.21. Judge to Decide Qualifications
Article 35.23. Jurors May Separate
Article 35.25. Making Peremptory Challenge
Article 35.26. Lists Returned to Clerk
Article 35.261. Peremptory Challenges Based on Race Prohibited