§ 16-10-106 — Incapacity of juror

Where a jury of twelve has been sworn to try
the case, and any juror by reason of illness or other cause becomes unable to
continue until a verdict is reached, the court may excuse such juror. If no alternate
juror is available to replace the juror, the parties at any time before verdict may
stipulate in writing with court approval that the jury shall consist of any number
less than twelve, and the jurors thus remaining shall proceed to try the case and
determine the issues unless discharged by the court for inability to reach a verdict.

Legislative History

Source: L. 72: R&RE, p. 237, � 1. C.R.S. 1963: � 39-10-106.