If a juror, after he is sworn, be unable from any cause to perform his duty, the court may, in its discretion, cause another qualified juror to be sworn in his place, and in any case, the court may discharge the jury when it appears that they cannot agree on a verdict or that there is a manifest necessity for such discharge.
Va. Code Ann. § 8.01-361
New juror may be sworn in place of one disabled; when court may discharge jury
Applied in 4 court decisions — leading case Smith v. Commonwealth (1990)
Most recently applied in Washington v. Commonwealth (March 2001)
Code 1950, § 8-208.23; 1973, c. 439; 1977, c. 617.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Virginia Law Portal (LIS). Reproduced from public-domain Virginia statutes; confirm against the official source for the current text. Not legal advice.