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 criminal case the court may discharge the jury, when it appears that they cannot agree in a verdict, or that there is manifest necessity for such discharge.
W. Va. Code § 62-3-7
Filling vacancy in jury; discharge of jury
Applied in 11 court decisions — leading case 172 W. Va. 295 - State v. Williams (1983)
Most recently applied in State of West Virginia v. Donald Dunn (April 2016)
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: West Virginia Legislature. Reproduced from public-domain West Virginia statutes; confirm against the official source for the current text. Not legal advice.