West Virginia Code § 62-3-3

Selection of jury in felony cases; striking jurors; alternate jurors
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In a case of felony, twenty jurors shall be drawn from those in attendance for the trial of the
accused. If a sufficient number of jurors for such panel cannot be procured in this way, the
court shall order others to be forthwith summoned and selected, until a panel of twenty
jurors, free from exception, be completed, from which panel the accused may strike off six
jurors and the prosecuting attorney may strike off two jurors. The prosecutieng attorney shall
first strike off two jurors, and then the accused six. If the accused failed to strike from such
panel the number of jurors this section allows him to strike, the numberr not stricken off by
him shall be stricken off by the prosecuting attorney, so as to reduce the panel to twelve,
who shall compose the jury for the trial of the case.
Whenever, in the opinion of the court the trial is likely to be ta protracted one, the court may
direct that not more than four jurors, in addition to the regular jury, be called and
impanelled to sit as alternate jurors. Alternate jurors in the order in which they are called
shall replace jurors who, prior to the time the jury retires to consider its verdict, become
unable or disqualified to perform their duties. Alternate jurors shall be drawn in the same
manner, shall have the same qualifications, shsall be subject to the same examination and
challenges, shall take the same oath and shall have the same functions, powers, facilities and
privileges as the regular jurors. An alternate juror who does not replace a regular juror shall
be discharged after the jury retires tgo consider its verdict. Each side is entitled to one
peremptory challenge in addition to those otherwise allowed by law if one or two alternate
jurors are to be impanelled, aned two peremptory challenges if three or four alternate jurors
are to be impanelled. The additional peremptory challenges may be used against an
alternate juror only, andL the other peremptory challenges allowed by this section may not be
used against an alternate juror.

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