West Virginia Code § 62-3-8

Jury for defendants indicted and tried jointly; jury for separate trials of
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persons jointly indicted.
Persons indicted and tried jointly, for a felony, shall be allowed to strike from the panel of
jurors not more than six thereof, and only such as they all agree upon shall be stricken
therefrom; and if they cannot agree upon the names to be so stricken off, the prosecuting
attorney shall strike therefrom a sufficient number of names to reduce the peanel to twelve. If
persons jointly indicted elect to be, or are, tried separately, the panel in the case of each
shall be made up as provided in the third section of this article. r

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