PARKS v. STATE

No. 5134.

600 P.2d 1053 (1979)

Danny PARKS, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

October 4, 1979.


Attorney(s) appearing for the Case

Richard G. Miller, Miller & Miller, Casper, and Robert L. Mullen, Casper, for appellant.

John D. Troughton, Atty. Gen., Gerald A. Stack, Deputy Atty. Gen., Richard Scott Rideout, Asst. Atty. Gen., and Berry F. Laws, III, Legal Intern, Office of the Atty. Gen., Cheyenne, for appellee.

Before RAPER, C.J., and McCLINTOCK, THOMAS, ROSE and ROONEY, JJ.


McCLINTOCK, Justice.

Danny Parks was convicted by a jury of forgery under § 6-2-101, W.S. 1977. The only issue raised on appeal is whether the district court erred when it failed to declare a mistrial after discovering that one of the jurors had not been summoned for jury duty. We find that it was not error to replace the disqualified juror with the alternate juror before deliberation began, and will affirm.

The defendant's trial began November 13, 1978...

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