Verdict not affected by irregularities in summoning jurors.

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No verdict may be set aside on account of any irregularity in summoning the jury.

(1949 Rev., S. 7919; P.A. 82-248, S. 126.)

History: P.A. 82-248 rephrased section, substituting “may” for “shall”.

Cited. 72 C. 115. Statute does not apply to overruling of proper challenge. 80 C. 614. Failure to summon first panel before additional jurors are drawn and summoned held cured by section. 106 C. 702; Id., 718. Irregularities in drawing or summoning jury not ground for new trial unless actually prejudicial to accused. 103 C. 472; 105 C. 338; 106 C. 718. Any departure from established rule is a defect, but if not taken advantage of at the time of occurrence, or not discovered at the time, it is a defect healed by verdict, unless it is made fatal by plain provisions of law or is of such a nature that it may have unjustly affected the results. 146 C. 59.


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