Koch v. State

32 Ohio St. (N.S.) 352

Opinion

Wright, J.

By section 133 of the code of criminal procedure it is provided, “ (he prosecuting attorney and every defendant may peremptorily challenge two of the panel.” When the juror Rice was called into the panel, it was a new jury, and-the defendant, having up to that time exercised but one peremptory challenge, had the legal right to peremptorily challenge any one of the jurors. The denial of this right was error. ..

Reversed and remanded for further proceedings.