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MASSACHUSETTS STATUTES AND CODES

Section 26 Capital cases; impanelling jury

Section 26. If a jury is to be impanelled for the trial of a capital case, the clerk of the court shall cause the name of each juror summoned therein to be written on a separate ballot and each ballot to be folded uniformly in such manner that the name written thereon shall not be visible, and shall cause such ballots to be placed in a box provided therefor. He shall then in open court draw the ballots in succession from said box, and the twelve persons, or such greater number as the court may order under section twenty-six B, whose names are upon the ballots first drawn and who are not excused or otherwise set aside, shall be sworn as the jury for the trial of the case.

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