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YANCEY v. STATE

Nos. F-79-519, F-79-520.

640 P.2d 970 (1982)

Norma Jean YANCEY and John Jonah Haynes, Appellants, v. The STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

Rehearing Denied February 26, 1982.

Attorney(s) appearing for the Case

Ronald V. Collier, Hennessey, for appellant Yancey.

Gary P. Snow, Holdenville, for appellant Haynes.

Jan Eric Cartwright, Atty. Gen., Susan Talbot, Asst. Atty. Gen., Chief, Crim. Appellate Division, Oklahoma City, for appellee.

OPINION

BRETT, Presiding Judge:

Norma Jean Yancey and John Jonah Haynes have appealed to this Court from their convictions of Murder in the First Degree in the District Court of Okfuskee County, Case No. CRF-78-25. Oral argument was heard in this Court on December 16, 1981. They raise several alleged errors, and one of them requires reversal.

When the jury retired to deliberate, the trial judge did not dismiss the alternate juror. That person then...

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