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lenged, such challenge will not be considered; Beatty v. State, 5 Okla. Cr. 105, 113 P. 237.

Court may excuse juror from panel on account of bias for or against defendant, etc.; Collins v. State, 15 Okla. Cr. 96, 175 P. 124.

Mere expression of opinion of juror is not sufficient to disqualify; Pope v. State, 15 Okla. Cr. 163, 175 P. 727.

Juror is disqualified who sat on another case which involved same or part of same facts; Temple v. State, 15 Okla. Cr. 176, 175 P. 733. Any doubt as to competency of juror should be resolved in favor of defendant. Much latitude should be given in examination of juror; Temple v. State, 15 Okla. Cr. 176, 175 P. 733.

537. Exception to the Challenge-The adverse party may except to the challenge in the same manner as to a challenge to the panel, and the same proceedings must be had thereon, except that if the exception be allowed the juror must be excluded. The adverse party may also orally deny the facts alleged as the grounds of challenge. (5862 R. L. 1910)

538. Court to Try Challenges-All challenges, whether to the panel or to individual jurors, shall be tried by the court, without the aid of triers. (5863 R. L. 1910)

539. Challenged Juror May Be Examined-Upon the trial of a challenge to an individual juror, the juror challenged may be examined as a witness to prove or disprove the challenge, and is bound to answer every question pertinent to the inquiry therein. (5864 R. L. 1910)

540. Other Witnesses-Other witnesses may also be examined on either side and the rules of evidence applicable to the trial or other issues govern the admission or exclusion of testimony on the trial of the challenges. (5865 R. L. 1910)

541. Court Must Rule on Challenge-On the trial of a challenge the court must either allow or disallow the challenge, and direct an entry accordingly upon the minutes. (5866 R. L. 1910)

Order of Taking Challenges-All challenges to individual jurors must be taken, first by the defendant and then by the State, alternately. (5867 R. L. 1910)

543. Order of Challenges for Cause-The challenges of either party for cause need not all be taken at once, but they must be taken separately, in the following order, including in each challenge all the causes of challenge belonging to the same class:

First. To the panel.

Second. To an individual juror for a general disqualification.

Third. Fourth.

1910)

To an individual juror for implied bias.

To an individual juror for actual bias. (5868 R. L.

544. Peremptory Challenges-If all challenges on both sides are disallowed, either party, first the State and then the defendant, may take a peremptory challenge, unless the peremptory challenges are exhausted. (5869 R. L. 1910)

ARTICLE XXVIII.

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545. Applicable to Whom-This article shall apply to any child under the age of 16 years not an inmate of a State institution incorporated under the laws of this State. (4412 R. L. 1910)

546. Dependent-Neglected Child-For the purpose of this article the words "dependent child" and "neglected child" shall mean any child under the age of 16 years who, for any reason, is destitute, homeless or abandoned; or dependent upon the public for support; or has not the proper parental care or guardianship, or who habitually begs or receives alms, or who is found living in any house of ill-fame or within a vicious or disreputable place, or whose home, by reason of neglect, cruelty or depravity on the part of its parents, guardians, or any other person in whose care it may be, is an unfit place for such a child, and any child under the age of 8 years who is found begging, singing, or playing any musical instrument upon the street or giving any public entertainment or who accompanies or is used in aid of any person so doing. (4412 R. L. 1910)

547. Delinquent Child-The words "delinquent child" shall include any child under the age of 16 years who violates any law of the United States or of this State, or any city or town ordinance; or who is incorrigible, either at home or in school, or who knowingly associates with thieves, vicious or immoral persons, or who, without just cause and without the consent of its parents or custodian, absents himself from his home or place of abode, or who is growing up in idleness or crime; or who knowingly frequents a house of ill repute; or who knowingly frequents any policy shop or place where any gaming

device is operated; or who patronizes or visits any public pool room or bucket shop; or who wanders about the street in the night time without being on any lawful business or occupation; or who habitually wanders about any railroad yards or tracks; or who habitually uses vile, obscene, vulgar, profane, or indecent language; or who is guilty of immoral conduct in any public place or about any school house; or who is addicted to the use of intoxicating liquor or any injurious drugs, or who is the user of cigarettes. Any child committing any of the acts herein mentioned shall be deemed a delinquent child and shall be proceeded against as such in the manner herein provided. (4412 R. L. 1910)

548. Effect of Proceedings-A disposition of any child under this article or any evidence given in such cause, shall not in any civil, criminal, or other cause or proceedings whatever in any court be lawful or proper evidence against such child for any purpose whatever, except in subsequent cases against the same child under this article. (4412 R. L. 1910)

549. Right to Jury Trial-The county courts of the several counties in this State shall have jurisdiction in all cases coming within the terms and provisions of this article. In trials, under ths article, the child informed against, or any person interested in such child, shall have the right to demand a trial by jury, which shall be granted as in other cases unless waived; or the judge, of his own motion, may call a jury to try any such case. (4413 R. L. 1910)

550. Petition-Any reputable person being a resident of the county having knowledge of a child in his county who appears to be either neglected, dependent, or delinquent may file with the clerk of court having jurisdiction in the matter, a petition in writing setting forth facts verified by affidavits. The petition shall set forth the name and residence of the legal guardian, if known, or if not known, then the name and residence of near relative, if there be one and his residence known. It shall be sufficient that the affidavit is upon information and belief. (4416 R. L. 1910)

551. Service of Summons-Upon the filing of the petition a summons shall be issued requiring the person having custody or control of the child, or with whom the child may be, to appear with the child at a place and time stated therein, which time and place shall not be less than 24 hours after service. The parents of the child, if living and their residence is known

to the petitioner, or its legal guardian, if there be one, and his residence is known to the petitioner, or if there is neither parent nor guardian, or if his or her residence be not known, then some near relative, if his residence be known to the petitioner, shall be notified of the proceedings; and in any case the judge may appoint some suitable person to act in behalf of the child. (4417 R. L. 1910)

552. Service of Summons-Summons and notice may be served by the sheriff or by any duly appointed probation officer, either by reading same to the person to be served or by leaving a copy thereof at his usual place of abode, or with some person of his family of the age of 10 years or upwards, and informing such person of the contents thereof. The return of such summons and notice with endorsement of service by the sheriff or probation officer in accordance herewith shall be sufficient proof thereof. (4417 R. L. 1910)

553. Failure to Appear-If the person summoned as herein provided shall fail without reasonable cause to appear and abide the order of the court or bring the child, he may be proceeded against as in case of contempt of court. In case summons cannot be served, or the party fails to obey the summons, and in any case when it shall be made to appear to the court that such summons will be ineffectual, a warrant may be issued on the order of the court, either against the parent or guardian or the person having the custody of the child or with whom the child may be, or against the child itself. (4418 R. L. 1910)

554. Hearing-On the return of the summons or other process, or on the appearance of the child, with or without summons, or other process, in person, before the court and on the return of the service of notice, if there be any person notified, or as soon thereafter as may be, the court shall proceed to hear and dispose of the case in a summary manner. Pending the final disposition of the case the court may order the child to be retained in the possession of the person having charge of the same, or any other person or to be kept in some suitable place, provided by the city, county or state authorities. (4419, R. L. 1910.)

555. Disposition of Child-When any child under the age of sixteen years shall be found to be dependent or neglected, within the meaning of this article, the court may make an order committing the child to the care of a suitable state institution or to the care of some reputable citizen of good moral

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