Burke v. Gardenhire
This text of 1957 OK 158 (Burke v. Gardenhire) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is an appeal from a judgment rendered upon a jury verdict, in the third successive case tried (November 30, 1955) against the defendant at the same term of court. The issues involved were the same as case No. 37,474, Burke v. McKenzie, Okl., 313 P.2d 1090.
Of the jurors empaneled to try the case, over defendant’s objection that the jurors had sat in the previous cases wherein verdicts had been returned against defendant and so were no longer fair and impartial, it appeared that: five jurors had signed verdicts in both previous cases, while the other seven had signed a verdict in one of the other cases.
The decisive question in this appeal has been determined by our decision, in No. 37,474, Burke v. McKenzie. The judgment accordingly is reversed and the- case remanded with directions to grant a new trial.
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Cite This Page — Counsel Stack
1957 OK 158, 313 P.2d 1099, 1957 Okla. LEXIS 488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burke-v-gardenhire-okla-1957.