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313 P.2d 1098

Burke v. Hardin

Supreme Court of Oklahoma

Decided June 25, 1957

Supreme Court of Oklahoma · decided 1957-06-25

Relies on Burke v. McKenzie

Decided 1957-06-25

CORN, Vice Chief Justice.

¶1This is an appeal from a judgment rendered upon a jury verdict, in the fourth successive case tried (November 30, 1955) against the defendant at the same term of court, and involved the same issues as Burke v. McKenzie, Okl., 313 P.2d 1090.

¶2Only one of the twelve jurors empaneled to try the cause had not sat in a previous case. Of the remaining jurors two had sat in one of the other cases, three had signed verdicts in two cases, and the other six had participated in all three cases which had been tried. The decisive question in this appeal is controlled by our decision in Burke v. McKenzie, supra.

¶3The judgment ' accordingly is reversed and the cause remanded for new trial.

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