Chap. 132.—An ACT to amend the Code of Virginia by adding thereto a new sec-
tion, numbered 4902-b, providing for the selection, use, powers and duties of
additional jurors in the trial of certain criminal cases to substitute for regular
jurors who die or are discharged, or excused, to prevent mistrials in such cases.

[S B 76]
Approved March 11, 1936

1. Be it enacted by the General Assembly of Virginia, That the
Code of Virginia be amended by adding thereto a new section, num-
bered forty-nine hundred and two-b, which new section shall read as
follows:

Section 4902-b. Whenever in the opinion of the court the trial of
any criminal case is likely to be a protracted one, the court may, imme-
diately after the jury is impanelled and sworn, direct the selection of
one or two additional jurors, to be known as “alternate jurors.” Such
jurors shall be drawn from the same source, and in the same manner,
and have the same qualifications as regular jurors, and be subject to
examination and challenge as such jurors, except that the Common-
wealth shall be allowed one peremptory and the accused person or per-
sons one peremptory challenge. The alternate jurors shall take the
proper oath or affirmation and shall be seated near the regular jurors
with equal facilities for seeing and hearing the proceedings in the
cause, and shall attend at all times upon the trial of the cause in com-
pany with the regular jurors. They shall obey all orders and admoni-
tions of the court, and if the regular jurors are ordered to be kept in
the custody of an officer during the trial of the cause, the alternate
jurors shall also be kept with the other jurors and, except as herein-
after provided, shall be discharged upon the final submission of the
cause to the jury. If, before the final submission of the cause, a reg-
ular juror dies, is for good cause discharged, or excused, the court
shall order the alternate juror, if there is but one, to take his place in
the jury box. If there are two alternate jurors the court shall select one
by lot, who shall then take his place in the jury box. After an alternate
juror is in the jury box he shall be subject to the same rules as a regular
juror, and the trial shall otherwise proceed as if said regular juror
had not died, been discharged, or excused.