25-1666. Petit jury; tales jurors; how chosen.
(1) When it is deemed necessary, the judge shall direct the jury commissioner or the sheriff of the county or such other person as may be designated by the judge to summon from the bystanders or the body of the county a sufficient number of persons having the qualifications of jurors, as provided in section 25-1650, to serve as tales jurors to fill the jury panel, in order that a jury may be obtained.
(2) The persons summoned under subsection (1) of this section who are not chosen to serve on the jury shall be discharged from the jury panel as soon as the judge so determines. Such persons shall not thereafter be disqualified from service as jurors when regularly drawn from the jury list pursuant to the Jury Selection Act unless excused by the judge.
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Annotations
Right to summon talesmen is made to depend upon necessity, which is determinable by trial judge. Pribyl v. State, 165 Neb. 691, 87 N.W.2d 201 (1957).
In great emergency, jury can be selected from bystanders. Losieau v. State, 157 Neb. 115, 58 N.W.2d 824 (1953).