Juries shall be of six. However, in a prosecution by indictment or information, the defendant shall be entitled to a jury of twelve upon his written request filed with the court prior to the date of trial. In any case where a jury of twelve is demanded, at any time before verdict the parties may stipulate in writing with the approval of the court that the jury shall consist of any number less than twelve but not less than six. NOTE: Section 85.15 replaces former Rule 23(b). In non-felony cases, the section requires a jury of six; in felony cases, the section permits a jury of that size. The change is based on a recommendation by the National Advisory Commission on Criminal Justice Standards and Goals in Courts § 4.14, at 101 (1973). The purpose of a reduction in size is, of course, economy. It is believed that a group of six (or more) satisfies the policy that the group be Alarge enough to promote group deliberation, free from outside attempts at intimidation, and to provide a fair possibility for obtaining a
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representative cross-section of the community.@ Williams v. Florida, 399 U.S. 78, 100 (1970)(6-member jury approved).