Section 21.34 Making the Proper Record and Objections as to Jurors Peremptorily Struck—Sufficient Time for Making Strikes

• Library: Criminal Practice 2012 Supp

8. (§21.34) Making the Proper Record and Objections as to Jurors Peremptorily Struck—Sufficient Time for Making Strikes

Failure to strike the prospective juror’s name off the jury list—even though the defendant announced in court the intention to strike the juror—can result in the juror still being seated. State v. Blankenship, 536 S.W.2d 520 (Mo. App. S.D. 1976). The court must give the defendant sufficient time to make strikes—ten minutes was held insufficient in State v. Hudspeth, 51 S.W. 483 (Mo. 1899). Waiver of any objection to a juror can occur if the defendant does not promptly object to the seating of the juror, State v. Nichols, 165 S.W.2d 674 (Mo. 1942), or if the defendant announces an “accept[ance]” of the whole panel, State v. Turnbough, 498 S.W.2d 567 (Mo. 1973). But see the discussion in State v. Brown, 547 S.W.2d 797, 804–05 (Mo. banc 1977) (it is not necessary to move to quash the jury panel to preserve for appellate review the specific objections made during voir dire to questions asked by the other party or...