Section 21.43 Necessity, Time, and Effect of Swearing Jury
| Library | Criminal Practice 2012 Supp |
7. (§21.43) Necessity, Time, and Effect of Swearing Jury
Jurors must be sworn before the cause is tried. Section 546.070, RSMo 2000. Swearing of the jury fixes the time at which the defendant is placed in jeopardy insofar as the double jeopardy clauses of the Missouri and federal constitutions are concerned. Downum v. United States, 372 U.S. 734 (1963); Ill. v. Somerville, 410 U.S. 458 (1973). See Richard W. Miller, The Plea of Double Jeopardy in Missouri, 22 Mo. L. Rev. 162 (1957). Failure to swear the...
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